Km. Depika @ Dolli vs State of Uttarakhand

Sudhanshu Dhulia, J.

Sharad Kumar Sharma, J.

By Court:-

This appeal has been filed by the appellant against the judgment and order dated 20.11.2017 passed by the learned Sessions Judge, Udham Singh

Nagar in Sessions Trial No. 174 of 2010, whereby the appellant has been convicted for the offence under Section 302 read with Section 34 of IPC,

and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (Rupees Ten Thousand Only), in default of which the convict

appellant has been directed to undergo additional simple imprisonment for one year.

Presently heard learned counsel for the parties on bail application moved by the appellant Km. Depika @ Dolli.

Learned counsel for the appellant/applicant submitted that the appellant/applicant (Km. Depika @ Dolli) was on bail during trial and she did not

misuse this liberty. Moreover, there is no direct evidence against the appellant and conviction of the appellant is based on the circumstantial evidence

and though the recovery of evidence under Section 27 of the Indian Evidence Act has been shown by the prosecution, but the same is against other

co-accused persons and there is no such evidence against the appellant.

Considering the overall facts and circumstances of the case, the appellant deserves bail at this stage. Bail application is accordingly allowed. Let the

appellant/applicant be released on bail on the same terms and conditions on which she was granted bail during the trial.

List this case after three weeks along with connected matter.