ABDUL JAHEER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Ms. Pushpa Joshi, the learned Senior Advocate assisted by Ms. Chetna Latwal, the learned counsel for the applicant and Mr. J.S. Virk, the learned Dy. Advocate General with Mr. Rakesh Joshi, the learned Brief Holder for the State.

(2.) The appellant, namely, Abdul Jaheed, has filed this bail application under Sec. 389 of Code of Criminal Procedure (hereinafter referred to as the Code) for suspension of sentence and grant of bail upon appeal. It is apparent that he has been convicted along with two others under Sec. 302 of the Indian Penal Code read with Sec. 34 IPC, in Session Trial No. 86 of 2015. The Court has already granted order of suspension of the sentence and bail upon appeal to the accused. By virtue of order passed by this Court on 6/7/2021 the convict-appellant Smt. Sanjeeda and by the order dtd. 15/2/2022 the convict -appellant Abdul Sayeed have been granted bail by this Court. So it is not disputed at this stage by the learned Deputy Advocate General that the case of the present applicant, as far as ambit of appreciation of evidence is concerned, stands on the same footing, as the other two appellant have been granted bail. Moreover, he is permanent resident of Ward No. 3, Sitarganj, Thana Udham Singh Nagar, and there is no reasonable apprehension of his absconding from the process of justice. The bail application under Sec. 389 of the Code is allowed. The sentence is suspended. The appellant Abdul Jaheed be released on bail on the suitable terms and conditions as deemed just and proper by the learned Additional Sessions Judge, Khatima, District Udham Singh Nagar.

(3.) Sri Sanjaya Kumar Mishra, ACJ.