AJAY KALRA VERSUS THE STATE OF UTTARAKHAND Special Leave to Appeal (Crl.) No(s). 14474/2023

1
ITEM NO.20 COURT NO.13 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 14474/2023 (Arising out of impugned final judgment and order dated 12-01-2023 in TBA No. 14387/2022 passed by the High Court Of Uttarakhand At Nainital)
AJAY KALRA Petitioner(s)
VERSUS
THE STATE OF UTTARAKHAND Respondent(s)

Date : 12-03-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE C.T. RAVIKUMAR
HON’BLE MR. JUSTICE RAJESH BINDAL

For Petitioner(s) Jail Petition, AOR

Ms. Rakhi Ray, AOR

For Respondent(s) Mr. Sudarshan Singh Rawat, AOR
Ms. Rachna Gandhi, Adv.
Ms. Saakshi Singh Rawat, Adv.
Mr. Mohit Kaushik, Adv.

UPON hearing the counsel the Court made the following
O R D E R
This special leave petition is filed against the order dated 12.1.2023 passed in Third Bail Application (IA) No. 14387/2022 in Criminal Appeal No. 10 of 2016 passed by the High Court of Uttarakhand at Nainital.
The petitioner is a convict and his appeal against the judgment in Sessions Trial No. 334 of 2013 passed by the Third Additional Sessions Judge, Haridwar, is pending consideration before the High Court. His conviction thereunder is for the offence punishable under Section 302 IPC. The appeal is of the year 2016. It is submitted by the learned counsel for the petitioner that the petitioner has already undergone incarceration for more than 10 years and 7 months. This fact is not in dispute.

Taking note of the fact that the petitioner, who is aged 30 years and has already undergone sentence of more than 10 years and 7 months, we are of the considered view that the petitioner can be enlarged on bail, subject to the terms and conditions to be imposed by the Trial Court. In that view of the matter, for compliance, the petitioner shall be produced before the Trial Court forthwith.
The special leave petition is disposed of. Pending application(s), if any, stands disposed of.
(DR. NAVEEN RAWAL) (MATHEW ABRAHAM)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)