CRLR/329/2022
2022 Latest Caselaw 1860 UK

CRLR No.329 of 2022
Hon'ble Ravindra Maithani, J.

Mr. Harshit Sanwal, Advocate for the revisionist.

Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder for the State.

The challenge in this revision is made to the judgment and order dated 02.02.2017, passed in Criminal Case No. 617 of 2012, State Vs. Laxman Singh Karki, by the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, by which the applicant has been convicted and sentenced for the offences punishable under Sections 420, 467, 468, IPC and also judgment and order dated 02.06.2022 passed in Criminal Appeal No. 22 of 2017, Laxman Singh Karki Vs. State, by the court of 2nd Additional Sessions Judge, Haldwani, District Nainital, by which the conviction and sentence has been upheld.

There is one question answered filed along with this revision, which is Annexure 7. It speaks that the revisionist is on interim bail.

The Court wanted to know from learned counsel for the revisionist as to how could a court of appeal, after upholding a sentence, grant interim bail? What is the legal provision?

Learned counsel for the revisionist has no reply to it. He would refer to Section 389 of the Code of Criminal Procedure, 1973, but the opening line begins with "during the pending appeal", the appellate court may grant bail. How after deciding an appeal, a court may grant bail?

This issue definitely be considered by this Court in this revision.

Heard, but before passing any order on the admission, this Court is of the view that the lower court record needs to be perused at the time of admission.

Let call for the LCR.

A copy of this order may immediately be sent to the court of appeal, which passed the order on 02.06.2022.

The record should reach to this Court by the evening of 30.06.2022.

List this matter on 01.07.2022, after fresh cases.

Let a certified copy of this order be supplied to the court concerned, today itself.

(Ravindra Maithani J.) 27.06.2022

RV