Unknown vs State Of Uttarakhand"
2021 Latest Caselaw 4750 UK

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                      25TH NOVEMBER, 2021
               CRIMINAL REVISION NO. 339 of 2021

Between:

Wadil.                                              ...Revisionist.

and

State of Uttarakhand and Another.               ...Respondents.


Counsel for the Revisionist:            Mr. Bilal Ahmed,
                                        learned counsel.

Counsel for the Respondent no.1: Mr. Rohit Dhyani,
                                 learned Brief Holder for
                                 the State.

Hon'ble Alok Kumar Verma,J.

This criminal revision has been filed against the judgment dated 18.10.2021, passed by the learned IInd Additional Sessions Judge, Haridwar in Criminal Appeal No.184 of 2016, "Wadil vs. State of Uttarakhand", in and by which, the learned appellate court affirmed the conviction and sentence of the revisionist, awarded by the learned trial court. The learned trial court vide its judgment dated 30.11.2016, convicted the revisionist for the offence under Sections 304A and 279 of IPC. The revisionist was sentenced to undergo simple imprisonment for a period of two years along with a fine of Rs.10,000/- for the offence under Section 304A of IPC. He was sentenced to undergo simple imprisonment for a period of six months for the offence under Section 279 of IPC with default clause.

2. Heard Mr. Bilal Ahmed, the learned counsel for the revisionist, Mr. Rohit Dhyani, 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. Bilal Ahmed submitted that the revisionist has surrendered before the trial court on 24.11.2021. In support of his submission, he filed a certificate, issued by the Clerk of the Court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar on 24.11.2021. The learned counsel for the revisionist further submitted that during the trial and the 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, Wadil.

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.

___________________ ALOK KUMAR VERMA, J.

Dt: 25th November, 2021 BS