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2025 DAILYLAW 12913 (UTT)

HARPAL SINGH ALIAS HARIYAL v. STATE OF UTTARAKHAND

BA2/307/2024 · 2025-03-20

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1983 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA2 No. 307 of 2024 Hon’ble Rakesh Thapliyal, J. 1. Mr. Siddhartha Sah, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. This is the second bail application moved by the applicant seeking bail on a fresh ground that the testimony of the two witnesses-the doctors, who have conducted the post mortem, does not corroborate with the medical report and the post mortem report. In support of this, learned counsel for the applicant placed reliance upon a judgement of Bombay High Court in the case of Subhan Usman Shaikh and Another versus State of Maharashtra, 2022 SCC OnLine Bom 509. 4. I have gone through with the statement of these two witnesses-doctors i.e. PW9 and PW16. After going through with the testimony of these two witnesses and the arguments, as advanced by learned counsel for the applicant that the opinion, as given by these two witnesses are not corroborating with the medical evidence, are not acceptable. Therefore, the applicant is not entitled to be enlarged on bail. 5. The second bail application is rejected. 6. Since the trial is going on and out of 29 witnesses, 17 witnesses have already been examined, therefore the trial court is directed to expedite the trial as expeditiously as possible preferably within six months from today. 7. The Registry is directed to send a copy of this order to the concerned trial Court. (Rakesh Thapliyal, J.) 20.03.2025 R.Bisht 2025:UHC:1983