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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Satendra Singh - Appellant
Versus
State of Uttarakhand - Respondent
Short Term Bail Application (IA No. 2 of 2023) in Criminal Appeal No. 4 of 2023
Decided On : 24-01-2023
Bail - Examination Schedule - The court granted short term bail to the appellant to appear in a crucial examination, considering the change of circumstances and the need to prepare for the examination with calmness of mind.
Fact of the Case:
The appellant, convicted under Section 302 IPC, sought short term bail to appear in a crucial examination at IIT Kanpur.
Finding of the Court:
The court granted short term bail for a period of ten days to the appellant, emphasizing the importance of the examination and the need for calmness of mind for preparation.
Issues: The issue was whether the appellant should be granted short term bail to appear in the examination.
Ratio Decidendi: The court considered the appellant's need for a change of circumstances to prepare for the examination and granted short term bail based on this consideration.
Final Decision: The appellant was granted short term bail for a period of ten days to appear in the examination at IIT Kanpur.
JUDGMENT
Ravindra Maithani, J. - The appellant-Satendra Singh has been convicted and sentenced under Section 302 IPC on 22.12.2022 in Sessions Trial No.62 of 2019, State vs. Satendra Singh, by the court of Sessions Judge, Udham Singh Nagar. He seeks short term bail on the ground that he has to appear in an examination. His examination is scheduled at IIT Kanpur.
2. Heard learned counsel for the parties and perused the record.
3. Learned Senior Counsel appearing for the appellant would submit that the appellant is a Bachelor in Engineering; he has to appear in Graduate Aptitude Test in Engineering, which is scheduled to be held on 12.02.2023 at IIT Kanpur. She would submit that the appellant needs some change of circumstances, so as to prepare with calmness of mind for the examination.
4. Learned State Counsel was required to verify. He verifies the truthfulness of the averments.
5. Having considered this Court is of the view that in order to appear in the examination, the appellant may be granted short term bail for a period of ten days' from the date of his release.
6. The short term bail application is allowed.
7. Let the appellant be released on short term bail for a period of ten days from the date of his release, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the court concerned.
8. The appellant shall necessarily surrender to custody on or before 15.02.2023.
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