CRLR/355/2021
2021 Latest Caselaw 4782 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   27TH NOVEMBER, 2021

             CRIMINAL REVISION NO.355 of 2021



Between:

Phool Singh and Others.                       ...Revisionists.

and

State of Uttarakhand.                         ...Respondent.


Counsel for the Revisionists:         Ms. Prabha Naithani.

Counsel for the Respondent:           Mr. V.S. Rathore, the
                                      learned Assistant
                                      Government Advocate
                                      assisted by Ms. Lata Negi,
                                      the learned Brief Holder
                                      for the State.

Hon'ble Alok Kumar Verma,J.

This criminal revision has been filed against the judgment dated 08.10.2021, passed by the learned Additional Sessions Judge, Laksar, District Haridwar in Criminal Appeal No.116 of 2020, "Phool Singh and Four Others vs. State", in and by which, the learned appellate court affirmed the conviction and sentence of the revisionists, awarded by the learned trial court. The learned trial court vide its judgment dated 12.03.2020, convicted the revisionists - accused persons under Sections 147, 323 and 325 of IPC. The revisionists - accused persons were sentenced to undergo simple imprisonment for a period of one year along with a fine of Rs. 5,00/- for the offence punishable under Section 147 of IPC. The revisionists were sentenced to undergo simple imprisonment for a period of six months along with fine of

Rs.5,00/- for the offence punishable under Section 323 of IPC. The revisionists were sentenced to undergo simple imprisonment for a period of two years along with a fine of Rs.1,000/- for the offence punishable under Section 325 of IPC. The said sentences are directed to run concurrently.

2. Heard Ms. Prabha Naithani, the learned counsel for the revisionists, Mr. V.S. Rathore, the learned Assistant Government Advocate assisted by Ms. Lata Negi, the learned Brief Holder for the State and perused the record.

3. This criminal revision is admitted.

4. Summon the LCR.

5. List thereafter.

6. Ms. Prabha Naithani, the learned counsel for the revisionists submitted that during the trial and appeal, the revisionists were on bail; and, conditions of the bail were neither violated nor misused by them.

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

8. 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 revisionists, namely, Phool Singh, Kabadi @ Mange Ram, Mange Ram, Mithun and Rajaram.

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

10. Let the revisionists be released on bail on executing one personal bond and furnishing two reliable sureties by each one of them, in the like amount, to the satisfaction of the court concerned.

___________________ ALOK KUMAR VERMA, J.

Dt: 27th November, 2021 Sukhbant