Uttarakhand High Court
"State vs Unknown on 9 June, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
09TH JUNE, 2022
CRIMINAL APPEAL NO.184 of 2022
Between:
Furkaan and Five Others ...Appellants
and
State of Uttarakhand. ...Respondent
Counsel for the Appellants : Mr. Gaurav Singh, learned
counsel.
Counsel for the State : Mr. S.S. Adhikari, learned
Deputy Advocate General.
Hon'ble Alok Kumar Verma,J.
This Criminal Appeal has been filed against the
judgment dated 21.04.2022/23.04.2022, passed by the
Additional District & Sessions Judge/Special Judge,
POCSO, Haridwar in Special Sessions Trial No.148 of 2015,
"State vs. Furkaan and Five Others", whereby the
appellants, Furkaan and Jisaan have been convicted and
sentenced to undergo rigorous imprisonment for a period
of three years along with a fine of Rs.5,000/- each for the
offence under Section 363 read with Section 120B of IPC,
and, in default of payment of fine, these appellants have
been directed to undergo further additional imprisonment
for a period of one month; the appellants, Furkaan and
Jisaan have been convicted and sentenced to undergo
rigorous imprisonment for a period of three years along
with a fine of Rs.5,000/- each for the offence punishable
under Section 366A read with Section 120B of IPC, and, in
default of payment of fine, these appellants have been
directed to undergo further additional imprisonment for a
period of one month, and, the appellants, Furkaan and
Jisaan have been further convicted and sentenced to
undergo rigorous imprisonment for a period of three years
along with a fine of Rs.5,000/- each for the offence under
Section 16/17 of the Protection of Children from Sexual
Offences Act, 2012, and, in default of payment of fine,
these appellants have been directed to undergo further
additional imprisonment for a period of one month. All the
sentences are directed to run concurrently.
2. The remaining appellants, namely, Smt.
Islaman, Smt. Nafeesa, Guddu @ Salman and Khaleek
have been convicted and sentenced to undergo rigorous
imprisonment for a period of three years along with a fine
of Rs.5,000/- each for the offence under Section 368 read
with Section 120B of IPC, and, in default of payment of
fine, these appellants have been directed to undergo
further additional imprisonment for a period of one month;
these four appellants have been further convicted and
sentenced to undergo rigorous imprisonment for a period
of three years along with a fine of Rs.5,000/- each for the
offence under Section 16/17 of the Protection of Children
from Sexual Offences Act, 2012, and, in default of
payment of fine, these four appellants have been directed
to undergo further additional imprisonment for a period of
one month. All the sentences are directed to run
concurrently.
3. Heard Mr. Gaurav Singh, the learned counsel for
the appellants and Mr. S.S. Adhikari, the learned Deputy
Advocate General for the State.
4. Admit.
5. Heard on the Bail Application (IA No.1 of 2022).
6. The learned counsel for the appellants
submitted that the appellants are on interim bail; they
were on bail during the trial and the conditions of the bail
were neither misused nor violated by the appellants.
7. The learned counsel for the State opposed the
bail application. However, he fairly conceded that the
appellants were on bail during the trial and the conditions
of the bail were not misused.
8. Considering the facts and circumstances of the
case, this Court is inclined to grant bail to the appellants
namely, Furkaan, Jisaan, Smt. Islaman, Smt. Nafeesa,
Guddu alias Salman and Khaleek, provided they submit
personal bonds and two reliable sureties of the same
amount to the satisfaction of the court concerned.
___________________
ALOK KUMAR VERMA, J.
Dt: 09.06.2022
JKJ/Neha
