CRLR/45/2021
2021 Latest Caselaw 810 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      10.03.2021                     CRLR No. 45 of 2021
                                     With
                                     Bail Appl. No. 1 of 2021

                                     Hon'ble R.C. Khulbe, J.

Mr. M.K. Ray, learned counsel for the revisionist/applicant.

Mr. B.S. Thind, learned Brief Holder for the State.

The bail application has been moved on behalf of the revisionist Sagar Singh Yadav, who has been convicted under section 409 IPC and has been awarded three years rigorous imprisonment with fine of Rs. 5,000/- vide judgment and order dated 22.02.2021, passed by the learned Additional and Sessions Judge, Khatima, District Udham

of 2018, State of Uttarakhand vs. Sagar Singh Yadav.

It is argued by the learned counsel for the revisionist that the revisionist was on bail during trial and the trial court has acquitted him as per law. While, the appellate court by setting aside the judgment passed by the trial court convicted the revisionist under section 409 IPC and sentenced him three years rigorous imprisonment with fine. There is no chance of absconding and he is ready to furnish the sureties.

Per contra, learned State Counsel opposed for bail.

From the record it would reveal that the revisionist has been acquitted by the trial court but after filing of the appeal by the State, the appellate court set aside the judgment passed by the trial court and convicted the revisionist and sentenced him to undergo three years rigorous imprisonment. There is no chance of absconding and it will take time to hear the revision on merit.

Accordingly, without going into merit of the case, it is a fit case for bail at this stage.

The bail application is allowed and the revisionist is directed to be released on bail during the pendency of the revision on his executing a personal bond and furnishing two reliable sureties in the like amount to the satisfaction of the concerned Court provided that the appellant shall deposit the fine before the concerned court as imposed upon him.

Let a certified copy of this order be supplied to the learned counsel for the appellant within 24 hours, as per rules.

(R.C. Khulbe, J.) 10.03.2021 Parul