(Dinesh Maheshwari and Aniruddha Bose, JJ.)
Criminal Appeal No(s). 603/2012, decided on May 18, 2021
Fatta and Others _________________________________ Appellant(s);
v.
State of Haryana __________________________________ Respondent.
(IA Nos. 60154/2021 and 36562 of 2019-Grant of Bail)
Criminal Appeal No(s). 603/2012 (IA Nos. 60154/2021 and 36562 of 2019-Grant of Bail)
The Order of the court was delivered by
Order
1. Heard learned counsel for the parties on the application for bail on behalf of appellant No. 4.
2. The applicant-appellant No. 4 and the co-accused persons were tried for offences under Sections 302, 148, 149 and 120-B of the Indian Penal Code in relation to FIR No. 370 dated 22.08.1995, Police Station Safidon.
3. The learned Trial Court, by its judgment dated 19.09.1997, acquitted the accused persons of the charges framed against them. However, the appeal preferred by the State of Haryana, being Criminal No. 168-DBA of 1998, was allowed by the High Court of Punjab and Haryana by its judgment and order dated 27.09.2011 setting aside the acquittal of the present appellants and holding them guilty of the offences under Sections 148 and 302/149 IPC. They were sentenced to rigorous imprisonment for three years and the offence under Section 148 IPC and to life imprisonment for an offence under Section 302/149, IPC with fine and default stipulations.
4. The convicted accused persons have filed the present appeal against the judgment and order so passed by the High Court. This appeal was admitted for consideration on 13.07.2012 but the request for bail was rejected at that stage. Further application for bail was rejected but the hearing of the appeal was expedited. It is noticed that few other applications for bail were also dismissed by this Court. However, on 02.02.2018, the appellant No. 4 was granted interim bail on the ground that his wife was suffering from cancer. The period of interim bail was extended until 30.06.2018.
5. The appeal has remained pending for hearing and the appellant No. 4 has moved the application for bail, being I.A. No. 60154 of 2021. It appears that another application for bail, being I.A. No. 36562 of 2019, earlier filed by this appellant has also remained pending.
6. While seeking bail, it is submitted that the appellant has already undergone around 10 years of sentence in relation to this case pertaining to FIR No. 370 dated 22.08.1995 and after his wife’s demise on 08.02.2018, the family is facing continuous adverse circumstances and is struggling to survive.
7. Though the prayer for bail is opposed but nothing adverse as regards the conduct of appellant No. 4 in jail is indicated.
8. In the totality of the circumstances of the case and the length of imprisonment undergone, it appears just and proper that the appellant be ordered to be released on bail.
9. Accordingly, the application(s) made on behalf of appellant No. 4 for grant of bail are allowed and he is ordered to be released on bail to the satisfaction of the Trial Court.
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