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2016 DIGILAW 662 (UTT)

BHUWAN SINGH TARAGI v. STATE OF UTTARAKHAND

2016-09-29

U.C.DHYANI, V.K.BIST

body2016
JUDGMENT V.K. Bist, J. (Oral) Present criminal appeal has been filed by the appellant, being aggrieved against his conviction and sentence under Sections 376(2) and 366 IPC. 2. After arguing the bail application, at some length, learned counsel for the appellant submitted that he does not want to press this bail application on merits at this stage and, instead, will make a prayer for short term bail on the ground of marriage of his sister. He, therefore, prayed that the appellant may be permitted to withdraw the same. 3. Permission is granted. 4. The bail application is dismissed as ‘Not Pressed’, at this stage. 5. Learned counsel for the appellant, instead, submitted that the marriage of the sister of the appellant is tentatively scheduled for 25.11.2016 and he may be granted short term bail, to make arrangements and to perform the religious rites pertaining to the marriage of his sister, from 07.11.2016 to 05.12.2016. 6. Learned counsel for the appellant further submitted that since he is the only person who has to make extensive arrangements for her marriage, therefore, at least four weeks’ short term bail may kindly be granted. The appellant is around 21 years old and is in jail for more than one year. 7. Learned Senior Additional Advocate General submitted that short term bail may be granted only for a period of three weeks and no more. 8. Appellant is permitted to make arrangements for the marriage of his sister and perform the religious rites from 07.11.2016 to 28.11.2016 in police custody. It is not necessary for the Police Personnel to remain in police uniform. Police Personnel may do the duty in plain clothes. 9. The appellant shall report back to the Superintendent of the Jail concerned on 29.11.2016 by 12:00 noon. 10. If at any point of time, it is found that the appellant is misusing short term bail, such liberty shall stand withdrawn without reference to the Court.