1 IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 73 OF 2023
(Arising out of SLP (Crl.) No.3400/2019)
PINKU @ DHARMPAL Appellant(s)
VERSUS
STATE OF UTTARAKHAND Respondent(s)
ORDER
Leave granted.
Having heard learned counsel for the parties, having perused the material placed on record and taking into the fact that the appellant has undergone more than six years of actual imprisonment, we are inclined to grant the prayer of the appellant for suspension of further execution of sentence and to suspend the same until disposal of the appeal, being Criminal Appeal No. 08 of 2018, pending before the High Court of Uttarakhand at Nainital.
Accordingly, this appeal is allowed to the extent and in the manner that in modification of the impugned order dated 09.01.2018, the execution of remaining part of the sentence awarded to the appellant shall remain suspended and he may be released on bail on such terms and conditions as may be imposed by the Trial Court.
All pending applications stand disposed of.…….J [DINESH MAHESHWARI] ……J.
[HRISHIKESH ROY]
NEW DELHI;
JANUARY 10, 2023
2 ITEM NO.11 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. 3400/2019
(Arising out of impugned final judgment and order dated 09-01-2018 in CRLA No. 8/2018 passed by the High Court Of Uttarakhand At Nainital)
PINKU @ DHARMPAL Petitioner(s)
VERSUS
STATE OF UTTARAKHAND Respondent(s)
Date : 10-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE DINESH MAHESHWARI
HON’BLE MR. JUSTICE HRISHIKESH ROY
For Petitioner(s)
Mr. Raahul Trivedi, Adv.
Mr. Ashok Trivedi, Adv.
Mr. Prabodh Kumar, AOR
Mr. Riyaan Bhola, Adv.
Ms. Jasmine Khurana, Adv.
Ms. Priyanka Soni, Adv.
Mr. Vaibhav Dixit, Adv.
Mrs. Priti Jignesh Joshi, Adv.
For Respondent(s) Mr. Atul Sharma, AOR
Ms. Rachna Gandhi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
This appeal is allowed and the appellant is directed to be released on bail in terms of the signed order. All pending applications stand disposed of.
(SNEHA DAS) (RANJANA SHAILEY)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Signed order is placed in the file)