Citation : 2026 Latest Caselaw 1358 UK
Judgement Date : 23 February, 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL
Application for Bail and Suspension of Sentence (IA) No.1 of 2023
In
Criminal Appeal No. 491 of 2023
Jagdish Ram ........Appellant/Applicant
Vs.
State of Uttarakhand ........... Respondent
Present : Mr. Prateek Tripathi, Advocate for the appellant/applicant.
Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Joshi, Brief
Holder for the State.
Coram : Hon'ble Ravindra Maithani. J.
Hon'ble Ashish Naithani, J.
Hon'ble Ravindra Maithani, J. (Oral)
Instant appeal is preferred against the judgment and
order dated 22.06.2023, passed in Sessions Trial No.02 of 2022,
State of Uttarakhand vs. Jagdish Ram, by the Court of Sessions
Judge, Bageshwar. By it, the appellant has been convicted and
sentenced under Sections 302, 201 IPC. The appellant seeks bail
during pendency of the appeal.
2. Heard on Application for Bail and Suspension of
3. The wife of the appellant went missing in the night of
09.11.2021. Subsequently, hear dead body was recovered.
4. Learned counsel for the appellant submits that the
prosecution has not been able to prove its case beyond reasonable
doubt. He submits that after missing of the victim on 09.11.2021,
her family members were informed by the appellant's family; the
deceased was in the habit of going away from her home; she has
done it in the past on two occasions, of which, reports were also
recorded. He submits that whatever recovery is alleged at the
instance of the appellant, was made from the open space,
accessible to all and this is only the kind of evidence against the
appellant.
5. Learned State Counsel does not dispute the factual
narration.
6. Having considered, this Court is of the view that it is a
case in which the execution of sentence should be suspended and
the appellant/applicant be enlarged on bail.
7. The bail application is allowed.
8. The execution of sentence, which is under challenge in
this appeal shall remain suspended during the pendency of the
appeal.
9. Let the appellant/applicant be released on bail, during
pendency of the appeal on his executing a personal bond and
furnishing two reliable sureties, each of the like amount, to the
satisfaction of the court concerned.
10. List in due course.
(Ashish Naithani, J.) (Ravindra Maithani, J.) 23.02.2026 Sanjay
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