C482/1257/2022
2022 Latest Caselaw 2502 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

                       6th AUGUST, 2022

             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

            BAIL APPLICATION NO.01 OF 2022
                          IN
CRIMINAL MISCELLANEOUS APPLICATION NO. 1257 OF 2022

Between:

Mohd. Ahmad                                        ...Applicant

and

State of Uttarakhand                              ...Respondent


Counsel for the Applicant                : Mr. Bhupesh
                                           Kandpal, learned
                                           counsel.

Counsel for the State                    : Mr. A.K. Sah, learned
                                           Deputy Advocate
                                           General.

Counsel for the private                  : Mr. H.C. Joshi,
respondent                                 learned counsel.

Hon'ble Alok Kumar Verma,J.

The applicant-accused, Mohd. Ahmad, was convicted for the offence under Sections 279 and 304 A of IPC and has been sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs. 1,000/- for the offence under Section 279 of IPC, and, he has been sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs. 2,000/- for the offence under Section 304 of IPC in Criminal Case No. 283 of 2017, passed by the Judicial Magistrate, Jaspur, District Udham Singh Nagar on 06.03.2020.

2. The applicant-accused preferred a criminal appeal. The said Criminal Appeal (No. 21 of 2021), "Mohd. Ahmad vs. State of Uttarakhand", has been dismissed vide judgment dated 07.05.2022, passed by the I Additional Sessions Judge, Kashipur, District Udham Singh Nagar.

3. The applicant-accused has challenged the said judgment dated 06.03.2020 and 07.05.2022 by a Criminal Revision.

4. On 19.07.2022, before a Co-ordinate Bench, when a question was raised as to how the revision is maintainable, the learned counsel for the applicant submitted that the revision may be converted as a petition under Section 482 of the Code of Criminal Procedure, 1973. Therefore, the Co-ordinate Bench had ordered to register the present matter as a petition under Section 482 of the Code of Criminal Procedure, 1973.

5. Heard learned counsel for the parties on the Bail Application (No. 01 of 2022).

6. The learned counsel for the applicant submitted that the applicant was on bail during the trial and during the appeal.

7. The learned counsel for the State fairly conceded that the applicant-accused was on bail during the trial and during the period of appeal.

8. Having considered the submissions of the learned counsel for the parties, and in the facts and circumstances of the case, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

9. The Bail Application (No.01 of 2022) is allowed.

10. Let the applicant, namely, Mohd. Ahmad be released on bail on executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the trial court.

11. List this case on 20.10.2022.

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

___________________ ALOK KUMAR VERMA, J.

Dt: 6th August, 2022 SB