JIYAURREHMAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the appellant in both these appeals is one and the same and the offence alleged against him is also the same, hence these are taken up together and decided by this common judgment.

(2.) CRLA No.9/2025 is barred by limitation of 125 days' wherefor delay condonation application (IA No.2/2025) has been filed. Objection to the delay condonation application has also been filed. However, in view of the fact that the appellant had approached the Hon'ble Supreme Court of India where vide judgment and order dtd. 12/12/2025 in Special Leave Petition (Criminal) Nos.18725/2025 and 18860 of 2025, a direction was given by the Apex Court to decide the appeal pending before this Court on merits, notwithstanding the delay that has occasioned in filing the appeals, we condone the delay in filing this appeal. We accordingly proceed to decide this appeal on its merits.

(3.) CRLA No.9/2025 is directed against the judgment and order dtd. 2/8/2024, passed by learned 1st Additional Sessions Judge, Haldwani, District Nainital in FIR No.21 of 2024, under Ss. 147, 148, 149, 307, 395, 323, 332, 341, 342, 353, 412, 427, 436, 333 and 120B IPC and Sec. 3/4 of the Prevention of Damage to Public Property Act, 1984 and Sec. 7 of Criminal Law (Amendment) Act, 1932 as well as under Sec. 15/16 of the Unlawful Activities (Prevention) Act, 1967. Similarly, CRLA No.10/2025 is directed against the judgment and order dtd. 13/11/2024, passed by 1st Additional Sessions Judge, Haldwani, District Nainital in FIR No.23 of 2024 (S.T. No.30 of 2024) for the offences under Ss. 147, 148, 149, 307, 332, 353, 427, 435, 436 and 120B IPC and Sec. 3/4 of the Prevention of Damage to Public Property Act, 1984 and Sec. 15/16 of the Unlawful Activities (Prevention) Act, 1967. Both the FIRs were registered at P.S. Banbhoolpura, District Nainital. The court below has rejected the bail application(s) of the accused in both the FIRs.