High CourtsSingle Bench

Sukhvant Singh @ Sukhvinder vs State of Uttarakhand

Uttarakhand High Court · Decided on 9 January 2018 · Citation: (2018) 01 UK CK 0061

HON’BLE JUDGES
Sudhanshu Dhulia
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-120B>Section 120B</a>, <a href=1767-302>Section 302</a>, <a href=1767-34>Section 34</a>, <a href=1767-147>Section 147</a>, <a href=1767-307>Section 307</a>, <a href=1767-148>Section 148</a>, <a hr
CASE NUMBER
03 of 2018

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Judgment

20 paragraphs · 380 words
1.

Heard Ms. Varsha Sharma, Advocate for the applicant and Mr. J.S. Virk, Assistant Government Advocate for the State of Uttarakhand.

2.

The applicant is in jail having been implicated in FIR No. 649 of 2012, which has been registered under Sections

147/148/149/302/307/120B/174A read with 34 of IPC, at Police Station Kashipur, District Udham Singh Nagar.

3.

The first bail application of the applicant has already been rejected by this Court vide order dated 28.07.2014. Consequently, the applicant

moved short term bail application before this Court, which was also rejected by this Court vide order dated 09.10.2017. Thereafter, applicant

moved another short term bail application before this Court, in which the applicant was granted short term bail for a period of 40 days by this

Court vide order dated 13.11.2017. Consequent to that the applicant has surrendered before the court concerned on 02.01.2018.

4.

Now the applicant has moved the present short term bail application before this Court on ground that he has a medical ailment as his multiple

hemorrhoids need urgent medical treatment and surgery.

5.

A fact that the applicant has such a medical condition is also confirmed by the learned State Counsel and says that he has no objection if the

applicant is being granted short term bail.

6.

Considering the medical condition of the applicant, the applicant is hereby released on a short term bail for a period of two months, subject to

the following conditions:-

(a) In case, the applicant has a passport, he shall surrender the same with the court concerned and if he is not having one, he shall swear an

affidavit to this effect before the trial court within a week from the date of his release from jail.

(b) It is further made clear that considering the nature of offence, the applicant shall be released on short term bail on two sureties, which shall not

be less than Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) each, out of which, one surety shall be of a close blood relative.

7.

Subject to the above conditions, the applicant is hereby released on short term bail for a period of two months. The applicant shall surrender

before the court concerned on or before 12.03.2018.

List this matter on 14.03.2018 in the daily cause list.