Uttarakhand High Court
CRLA/136/2018 on 8 January, 2020
Author: Alok Singh
Bench: Alok Singh, Ravindra Maithani
CRMA No. 3518 of 2019 (Short Term Bail Application) and IA No. 15919 of 2019 (Misc. application with objection) in CRLA No. 136 of 2018 Hon'ble Alok Singh, J.
Hon'ble Ravindra Maithani, J.
Mr. P.C.Petshali, Amicus Curiae for the appellant.
Mr. V.K.Jemini, Deputy A.G. for the State. In this appeal, against the conviction and sentence of the appellant for the offences punishable under Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 377, 302 and 201 of IPC, the appellant from the jail has moved an application for interim bail.
According to the application, in order to look after and for treatment of his mother, the appellant may be released for four weeks on short term bail. On this, learned counsel for the State was directed to verify the facts as narrated in the short term bail application.
An affidavit has been filed by Mr. Kamlesh Prasad, Sub Inspector, P.S. Doiwala, District Dehraudn. According to which, though the mother of the appellant is suffering from heart disease and sugar but she is under treatment at Jollygrant Hospital under the supervision of Dr. Anurag Rawat. Appellant's wife along with other family members are staying there. Apart from it, five brothers of the appellant are residing in the same vicinity and his two sisters are also staying in District Haridwar.
Learned Amicus Curiae would submit that other brothers and sisters are not staying with the mother of the appellant.
Be that as it may, it is stated that mother of the applicant is 77 years of age and is suffering heart related problems and sugar, which are not uncommon disease at that stage of life. There is no suggestive procedure for which presence of the appellant is required. Further, five brothers and two sisters are also residing in the vicinity or in Haridwar. They may also be available in case of any urgency. Even otherwise also, mother of the applicant is under treatment in the Jollygrant Hospital. Therefore, there is no ground for enlarging the appellant on short term bail. The short term bail application is liable to be rejected and is accordingly rejected.
List this appeal for final hearing on 13th February, 2020.
(Ravindra Maithani,J.) (Alok Singh, J.) 08.01.2020 Kaushal