Supreme Court - Daily Orders
Kulvinder Singh vs State Of Uttarakhand on 23 February, 2021
Bench: A.M. Khanwilkar, Dinesh Maheshwari
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2021
(Arising out of SLP(Crl.)No. 657 of 2021)
KULVINDER SINGH Appellant(s)
VERSUS
STATE OF UTTARAKHAND Respondent(s)
O R D E R
Leave granted.
This appeal takes exception to the judgment and order dated 28.11.2020 passed by the High Court of Uttarakhand at Nainital in First Bail Application No. 2712 of 2019, whereby the High Court rejected the bail application filed by the appellant in connection with FIR No. 168 of 2019 registered at Police Station Sitarganj, District Udham Singh Nagar, Uttarakhand for the offence punishable under Sections 302, 201, 120-B, 34 of the Indian Penal Code.
Heard learned counsel for the parties. Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2021.02.24 After considering the rival submissions and the fact 15:05:24 IST Reason: situation of the present case, we deem it appropriate to release the appellant on bail since he has been in 2 custody from May, 2019 and no tangible reason is forthcoming as to why the trial has not commenced so far. We fail to understand as to why even charges have not been framed so far.
Resultantly, we direct that the appellant (Kulvinder Singh) be released on bail to the satisfaction of the Trial Court in connection with FIR No. 168 of 2019 registered at Police Station Sitarganj, District Udham Singh Nagar, Uttarakhand and on such terms and conditions as may be imposed by the Trial Court. The appeal is allowed in the above terms. Pending applications, if any, stand disposed of.
…...................J (A.M. KHANWILKAR) …...................J (DINESH MAHESHWARI) New Delhi February 23, 2021 3 ITEM NO.6 Court 5 (Video Conferencing) SECTION II 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). 657/2021 (Arising out of impugned final judgment and order dated 28-11-2020 in FBA No. 2712/2019 passed by the High Court Of Uttarakhand At Nainital) KULVINDER SINGH Petitioner(s) VERSUS STATE OF UTTARAKHAND Respondent(s) (FOR ADMISSION and I.R. and IA No.9182/2021-EXEMPTION FROM FILING O.T. ) Date : 23-02-2021 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Rajeev Singh, AOR Mr. M.L. Yadav, Adv Mr. Harish Chand, Adv Mr. Jagdeep Vat, Adv Mr. Chander Harish, Adv Mr. Saloni Jain, Adv For Respondent(s) Mr. Jatinder Kumar Bhatia, AOR Mr. Krishnam Mishra, Adv UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]