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SPLA/34/2014 of State Of Uttarakhand Vs Nitin Saini

Court
Uttarakhand High Court
Decision date
2015-12-03
Bench
) (ALOK SINGH
Case number
532 of 2013

Parties

Statutes cited (1)

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SPLA No. 34 of 2014 With GA No. 14 of 2014 Hon’ble Alok Singh, J.Hon’ble Servesh Kumar Gupta, J.CRMA No. 2001 of 2015

Mr. Hari Om Bhakuni, AGA for the State.

Respondent has been served personally,

however, none is present for the respondent.

This appeal has been filed with 38 days’ delay.

We have perused the accompanying affidavit to the application seeking condonation of delay. We are satisfied that 38 days’ delay in filing the appeal has properly been explained. 38 days’ delay in filing the appeal is hereby condoned. Application seeking condonation of delay is allowed.

SPLA No. 34 of 2014

Mr. Hari Om Bhakuni, learned AGA appearing for the State, submits that against the impugned judgment of acquittal, Criminal Appeal No. 532 of 2013 was filed by the victim, which has already been admitted.

In view of the statement made by Mr. Hari Om Bhakuni, learned AGA appearing for the State, as noted hereinbefore, leave to appeal is granted.

GA No. 14 of 2014

Admit the appeal.

To be heard along with CRLA NO. 532 of

While exercising the power under Section 390 of CrPC, we direct let non-bailable warrant be issued against the respondent. Respondent shall be arrested and shall be produced before the CJM, Haridwar on or before 15.1.2016. On the application of the respondent, he shall be enlarged on bail on furnishing his personal bond and two sureties of Rs. 25,000/- each to the satisfaction of CJM, Haridwar during the pendency of this appeal.

(Servesh Kumar Gupta, J.) (Alok Singh, J.)

Date: 03.12.2015 Avneet/