HEMU PANT AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The Division Bench of this Court vide order dated 12-1-2015 passed in Criminal Appeal No. 336 of 2013. Hemu Pant alias Hemu Kalu v. State of Uttrakhand, was pleased to formulate and refer the question of law to the Full Bench of this Court, which reads as under :-

(2.) This is how this matter is placed before us for consideration. Before entering into the controversy, we would like to narrate few facts to understand the controversy. Vide judgment and order dated 19-8-2013 passed by learned Sessions Judge, Nainital in S.T. Nos. 30/2007, 31/2007 and 32/2007, both the accused namely Hemu Pant alias Hemu Kalu and Manish alias Kanchu Matiyani were convicted and sentenced for the offences punishable under Sections 302, 364 and 201, IPC and one punishable u/S. 4/25 of the Arms Act. Feeling aggrieved, both the accused preferred the criminal appeal No. 336 of 2013 before this Court.

(3.) An application being Bail Application No., 1364 of 2013 seeking regular bail during pendency of appeal was moved by both the appellants, however, the same was permitted to be withdrawn with liberty to file fresh vide order dated 18-10-2013 passed by the Division Bench (consisting of Barin Ghosh, C. J. and Servesh Kumar Gupta, J).