This is an application for regular bail. The High Court allowed the bail application on a personal bond of Rs. 50,000 with two sureties, citing the Supreme Court dictum in State of Kerala Vs. Raneef regarding unrecoverable jail time if acquitted.
Released on bail on furnishing a personal bond of Rs. 50,000 and two sureties of the like amount.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction 1st Bail Application No. 582 of 2013 Order on the bail application of the accused.
Santosh Rawat. …….Applicant (in Jail).
Versus
State of Uttarakhand. …......…. Opposite Party.
Present: Mr. Piyush Garg, Advocate for the applicant. Mr. H.O. Bhakuni, Brief Holder for the State.
Hon’ble Alok Singh, J (Oral).
This is an application seeking regular bail in Case Crime No. 72 of 2012 under Section 2/3 Gangster Act, police Station Clement Town, District Dehradun.
Learned counsel for the applicant submits that applicant is in judicial custody with effect from 17.10.2012 and he has already been enlarged on bail, in all the cases shown in the Gang Chart. He, while placing reliance on the dictum of Hon’ble Apex Court, in the case of State of Kerala Vs. Raneef reported in 2011 (1) SCC 784 contends that if applicant is not enlarged on bail and is ultimately, acquitted in the trial, the time spent by the applicant in jail during trial, cannot be restored to him.
Considering the totality of facts and circumstances of the case, bail application is allowed. Let the applicant be released on bail on his furnishing a personal bond of ` 50,000/and two sureties, of the like amount to the satisfaction of Special Judge, Gangster Act, Dehradun.
(Alok Singh, J.) 28.05.2013
SKS
1 issue framed by the court
Whether the bail application by the applicant in judicial custody should be allowed considering the total circumstances.
Colour shows how this judgement treated each authority
State of Kerala Vs. RaneefRelied on¶9
State of Kerala Vs. Raneef reported in 2011 (1) SCC 784 · Who else cites this
Santosh Rawat
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
