CRLR/473/2022
2022 Latest Caselaw 2646 UK

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          Date                                                COURT'S OR JUDGES'S ORDERS
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      25.08.2022                                CRLR No. 473 of 2022
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Mani Kumar, Advocate, for the applicant.

Mr. V.K.Jemini, Dy.A.G with Ms. Meena Bisht, Brief Holder for the State.

As a consequence of registration of Criminal Case No. 356 of 2011, under Sections 392 and 411 of the Indian Penal Code, as registered at Police Station Nanak Matta, District Udham Singh Nagar, the criminal trial was conducted by way of Criminal Case No. 1141 of 2021, State vs. Munesh Singh Rana and another. Consequent to the culmination of trial, the present revisionist had been convicted and sentenced for the offences under Section 392 as well as for Section 411 and has been sentenced to undergo three years of rigorous imprisonment, as well as fine if Rs. 5000/- has been imposed upon him for each of the offences.

In an appeal preferred against the judgment of conviction dated 07.01.2019, the Appellate Court by the impugned judgment dated 16.11.2021, had exonerated and acquitted the revisionist for the offences of 411, in view of the finding recorded in para-58 and 64, but however so far as the sentenced imposed for the offence under Section 392 of the IPC, is concerned that was upheld by the learned Appellate Court.

The learned counsel for the revisionist submits that during the course of trial, as well as during the course of the pendency of an appeal, he was on bail and he has never misused the same and had diligently participated in the proceedings before the court below.

Admit the revision.

Summon the Lower Court Record. The revisionist is directed to be released on bail subject to furnishing of his personal bond and two sureties of the like amount to the satisfaction of the Magistrate concerned.

The release of the applicant as a consequence of today's order, would be subject to prior deposit of the penalty of Rs. 5000/- as it has been imposed by the Appellate Court.

(Sharad Kumar Sharma, J.) 25.08.2022 Nahid