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ITEM NO.48 COURT NO.6 SECTION II-B
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).11660/2023
(Arising out of impugned final judgment and order dated 17-08-2023 in IA No.3/2023 In Criminal Appeal No.530 of 2022 passed by the High Court of Uttarakhand at Nainital)
BRIJESH Petitioner(s)
VERSUS
THE STATE OF UTTARAKHAND Respondent(s)
(FOR ADMISSION and IA No.187367/2023-EXEMPTION FROM FILING O.T.)
Date : 16-01-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE HRISHIKESH ROY
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. S.R.Singh, Sr. Adv.
Mr. Sushant Kumar Yadav, Adv.
Mr. Ajay Yadav, Adv.
Mr. Prateek Yadav, Adv.
Mr. Gaurav Lomes, Adv.
Mr. Prithvi Yadav, Adv.
Mr. Anurag Singh, Adv.
Mr. Dhroov Kumar Singh, Adv.
Ms. Swapnil Singh, Adv.
Mr. Ankur Yadav, AOR

For Respondent(s) Mr. Sudarshan Singh Rawat, AOR
Mr. S Sunil, Adv.
Mr. Mohit Kaushik, Adv.
Ms. Saakshi Singh Rawat, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. S.R. Singh, learned Senior Counsel appearing for the petitioner. The respondent-State of Uttarakhand is represented by Mr.Sudarshan Singh Rawat, learned Advocate.
While issuing notice on 26.09.2023, the following order was passed:
Mr. S.R. Singh, learned Senior Counsel would refer to the Compromise Agreement dated
01.03.2023 (Annexure P-11) to point out that because of certain misunderstanding amongst close family members, the shooting incident had occurred but the injured victim (Virendra) is also a signatory to the compromise agreement reached amongst the parties.
The counsel next submits that of the 5 years sentence awarded by the Trial Court for the conviction under Section 307 and 149 IPC, the petitioner has been in jail for nearly one year since November 2022 and the family peace might be restored if bail is favourably considered for the petitioner while the criminal appeal is pending in the High Court.
Issue notice, returnable in four weeks.
The petitioner is permitted to serve Dasti notice additionally, to the Standing Counsel for the State of Uttarakhand.

Today, the petitioners counsel would refer to the medical testimony of P.W.5 to point out that the victim suffered injury on the upper part of the left back, which according to the learned Senior Counsel, is not on a vital part of the body. He, then pointed out that the petitioner was sentenced to suffer imprisonment for five years for his conviction under Section 307 read with 149 of the IPC and by now, the petitioner has been in jail for about 14 months. This can be verified from the Jail Custody Certificate dated 21.08.2023. We have considered the submissions made by learned counsel for the parties and also the circumstances in this case. As the Criminal Appeal is pending in the High Court and all other co-accused have been granted bail, we deem it appropriate to also grant bail to the petitioner herein. Ordered accordingly. Appropriate bail conditions be imposed by the Trial Court. With the above, the Special Leave Petition stands disposed of.
Pending application, if any, also stands disposed of.
(SATISH KUMAR YADAV) (KAMLESH RAWAT)
DEPUTY REGISTRAR ASSISTANT REGISTRAR