CRLR/338/2021
2021 Latest Caselaw 4724 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                  24TH NOVEMBER, 2021

            CRIMINAL REVISION NO. 338 of 2021




Between:

Shiv Prakash.                                 ...Revisionist.


and


State of Uttarakhand and Another.          ...Respondents.


Counsel for the Revisionist:      Mr. Sudhir Kumar.

Counsel for the Respondent no.1: Mr. S.S. Adhikari, learned
                                 Deputy Advocate General
                                 assisted by Mr. Balwinder
                                 Singh,learned Brief Holder
                                 for the State.


Hon'ble Alok Kumar Verma,J.

This criminal revision has been filed against the judgment dated 07.10.2021, passed by the learned Additional Sessions Judge, Kotdwar, District Pauri Garhwal in Criminal Appeal No.28 of 2018, "Shiv Prakash vs. Billa Devi and Another", in and by which, the learned appellate court affirmed the conviction and sentence, awarded by the learned trial court. The learned trial court vide its judgment dated 12.06.2018, convicted the revisionist for the offence under Section 494 of IPC and the revisionist was sentenced to undergo rigorous imprisonment for three years along with a fine of Rs.2,000/- with default clause.

2. Heard Mr. Sudhir Kumar, the learned counsel for the revisionist, Mr. S.S. Adhikari, the learned Deputy Advocate General assisted by Mr. Balwinder Singh, the learned Brief Holder for the State and perused the record.

3. This criminal revision is admitted.

4. Issue notice to respondent no.2.

5. Steps to be taken within one week.

6. List after service report is received.

7. The learned counsel for the revisionist, Mr. Sudhir Kumar submitted that revisionist has surrendered before the court on 21.11.2021; during the trial and appeal, the revisionist was on bail; and, conditions of the bail were neither violated nor misused by him.

8. The learned counsel appearing for the State opposed the bail application.

9. Considering the facts and circumstances of the case, without commenting on the merits of the case, this Court is inclined to grant bail to the revisionist, namely, Shiv Prakash.

10. The Bail Application No.01 of 2021 is allowed.

11. Let the revisionist be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

12. Let a certified copy of this order be supplied, today itself, to the learned counsel for the revisionist, on payment of usual charges, as per rule.

___________________ ALOK KUMAR VERMA, J.

Dt: 24th November, 2021 Sukhbant