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Uttarakhand High Court

Mustafa & Others ... vs State Of Uttarakhand on 14 February, 2020

Author: Sudhanshu Dhulia

Bench: Sudhanshu Dhulia, Narayan Singh Dhanik

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
             Short Term Bail Application (CRMA No.2676 of 2019)
 On behalf of Mustak S/o Shri Ghasita aged about 85 years) R/o Dera Bhori PS
                         Jwalapur, District Haridwar
                                       In
                  Criminal Appeal No.16 of 2015

Mustafa & others                                 ..Appellants/Applicants

                                    Versus

State of Uttarakhand                                    .......Respondent

Present:- Mr. Mohd. Allaudin, Advocate for the appellants/applicants.
           Mr. R.K. Joshi, Brief Holder, for the State.
           Mr. Manoj Joshi, Advocate holding brief of Mr. Rajendra Singh Azad,
            Advocate for the complainant.



Coram:- Hon'ble Sudhanshu Dhulia, J.

Hon'ble Narayan Singh Dhanik, J.

Hon'ble Sudhanshu Dhulia, J.

Applicant/appellant no.3 (Mustak) has been convicted under Sections 302/149, 307/149, 324/149, 325/149, 148 and 147 of IPC and sentenced to undergo life imprisonment under Section 302/149 IPC, imprisonment for a period of ten years under Section 307/149, imprisonment for a period of one and a half years under Section 324/149 IPC, imprisonment for a period of two years under Section 325/149 IPC, imprisonment for a period of two years under Section 148 IPC and imprisonment for a period of one year under Section 147 IPC, apart from default stipulation.

2. In this matter, a short term bail application has been filed on behalf of applicant/appellant no.3 Mustak on ground that he is 85 years of age and suffering from various old age ailments and needs medical care.

3. Considering the grounds mentioned in the short term bail application, we feel it appropriate to release the applicant/appellant no.3 on a short term bail for a period of three months.

4. The short term bail application is allowed. The applicant/appellant no.3 Mustak shall be released on a short term bail for a period of three 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 his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned, out of which, one surety shall be of a close blood relative.

5. Subject to the above conditions, the applicant/appellant no.3 Mustak is hereby released on a short term bail for a period of three months from the date of his release. The applicant/appellant shall surrender before the court concerned immediately after the expiry of the period of short term bail.

6. List this matter after three months in the daily cause list.

(Narayan Singh Dhanik, J.) (Sudhanshu Dhulia, J.) 14.02.2020 Nitesh/