IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Original Jurisdiction Dated: Nainital the 21st day of June, 2005 3rd Crl. Bail application No. 483 of 2005 Order on the Bail Application : CRIMINAL SIDE Pramod Kumar Sexna, S/o Sri V.N. Sexna R/o Janak Puri Police Station - Prem Nagar District: Bareilly, U.P. …….Applicant Versus State of Uttaranchal ….Opposite Party _________________________________________________________ Arising out of Case Crime No. 810 of 1998 Under Section: 406, 420 of I.P.C. Police Station: Kotwali District : Dehradun. _________________________________________________________ Hon’ble J.C.S Rawat, J. This is third bail application moved on behalf of the applicant, Pramod Kumar. The first bail application was rejected by Hon'ble Mr. Justice M.C. Jain on merits. The second bail application was also rejected for non-prosecution by the same Bench. As Hon'ble Mr. Justice M.C. Jain has been transferred form this High Court to another High Court, this case has been assigned to this Bench by the order of Hon'ble the Chief Justice dated 15.06.2005. Heard Mr. M.S. Pal, learned counsel for the applicants and learned A.G.A. and perused the record. In the bail application, it has been alleged that the applicant Pramod Kumar Sexna is in jail since 1999. It was further contended that the accused-applicant has been challaned under Section 406 and 420 of the I.P.C. and the maximum punishment provided under there Sections are seven years and three years rigorous imprisonment respectively. It was further contended that the accused has already served in jail as an under trial for a period more than six years and two months. The learned A.G.A. was called upon to inform the Court as to how much period the accused- applicant has served in jail during the pendency of the trial. It is not disputed that the trial is still pending before the court below. The learned A.G.A. informed the Court that the learned Sessions Judge while rejecting the bail on 09.02.2000 has held that the accused is in jail since fifteen months, hence till today the accused has served more than six years in jail. In view of the above contention and in view of the facts and circumstances of the case, it is a fit case for bail Let the applicant namely, Pramod Kumar Sexna be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the C.J.M. concerned. (J.C.S. Rawat, J.) Dated 21.6.2005 HN