High CourtsDivision Bench(2010) 11 UK CK 0118

Sundar Singh Rautela alias Shankar Singh (in Jail) vs State of Uttarakhand

Uttarakhand High Court · Decided on 26 November 2010

HON’BLE JUDGES
Sudhanshu Dhulia, J · Prafulla C. Pant, J
CASE NUMBER
Bail Application No. 1028 of 2010 in Criminal Appeal No. 216 of 2010

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Judgment

5 paragraphs · 194 words

Prafulla C. Pant, J.—Heard learned Counsel for the parties on Bail Application No. 1028 of 2010, moved on behalf of the Appellant, seeking bail during the pendency of the appeal.

2.

Learned Counsel for the Appellant submitted that the evidence of alleged eye-witness P.W. 1 Narendra Singh Rautela gets contradicted from the statement of P.W. 5 Constable Deepak Singh, who states that when he was on patrol duty of Dawarahat Bazar, he saw an injured person (deceased) lying, and he took him to Ranikhet Hospital. It is contended that had P.W. 1 Narendra Singh Rautela witnessed the incident, and had he been present there, he would have been found by Constable Deepak Singh with the injured.

3.

Having considered submissions of learned Counsel for the parties, without expressing any opinion as to the final merits of the case, we direct that Appellant Sundar Singh Rautela @ Shankar be released on bail, during the pendency of this appeal on his executing personal bond, and furnishing two sureties, each in the like amount to the Chief Judicial Magistrate, Almora.

4.

The bail application stands disposed of.

5.

List the appeal for final hearing in due course.