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ITEM NO.39 COURT NO.5 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). 10726-
10727/2022
(Arising out of impugned final judgment and order dated 05-03-2022
in BA No. 1/2021 26-08-2022 in SBA(IA) No. 5/2022 in Criminal
Appeal No. 417 of 2021 passed by the High Court Of Uttarakhand At
Nainital)
GULZAR Petitioner(s)
VERSUS
THE STATE OF UTTARAKHAND Respondent(s)
(FOR ADMISSION and I.R. and IA No.153821/2022-CONDONATION OF DELAY
IN FILING and IA No.153826/2022-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.153824/2022-EXEMPTION FROM FILING O.T.)

Date : 20-01-2023 These petitions were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE AJAY RASTOGI
HON’BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s) Mr. Yunus Malik, Adv.
Mr. Pratham Sethi, Adv.
Mr. Braham Singh, Adv.
Mr. Aman Malik, AOR
Ms. Rajeeta Raj, Adv.
For Respondent(s) Mr. Atul Sharma, AOR

UPON hearing the counsel the Court made the following
O R D E R
The present Special Leave Petitions have been filed seeking suspension of sentence pending appeal before the High Court, which was declined by an order dated 26.08.2022. The petitioner faced trial under Sections 363, 366A of IPC and finally held guilty and sentenced to five years of imprisonment.
His appeal is pending before the High Court and during pendency of appeal, the petitioner filed an application for 2 suspension of sentence on the premise that hearing of the appeal may take its own time and he has already undergone sentence of one year and two months, but it was declined by the High Court under the order impugned. After having heard learned counsel for the parties and taking into consideration the material on record and without expressing any opinion on merits/demerits of the case and taking into consideration the sentence undergone, the petitioner has made out a case for grant of suspension of sentence pending appeal before the High Court. Ordered accordingly.
The petitioner shall be produced before the trial court and shall be released on bail on such terms and conditions to the satisfaction of the trial court. The Special Leave Petitions are disposed of in the above terms. Pending interlocutory application(s), if any, is/are disposedof.
(JAYANT KUMAR ARORA) (VIRENDER SINGH)
ASTT. REGISTRAR-cum-PS BRANCH OFFICER