CRLR/642/2022
2022 Latest Caselaw 3421 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    20th OCTOBER, 2022

            CRIMINAL REVISION NO. 642 of 2022
                              With
                 Bail Application No.1 of 2022

Between:

Mohammad Imtiyaz and Others                      ...Revisionists

and

State of Uttarakhand and Another                ...Respondents


Counsel for the Revisionists:      Mr. Mani Kumar, Advocate
                                   and Kishore Rai, Advocate.
Counsel for the State          :   Mr. Lalit Miglani, Assistant
                                   Government Advocate.


Hon'ble Alok Kumar Verma,J.

The proposed revisionists, namely, Mohammad

Imtiyaz, Mohammad Akram, Mohammad Imran and

Jafaruddin alias Jafar were convicted by the learned Trial

Court for the offence punishable under Section 323 of the

Indian Penal Code, 1860 (in short "IPC") and under

Section 352 IPC. The proposed revisionists-accused

persons have been sentenced to undergo simple

imprisonment for a period of six months along with a fine

of Rs. 500/- each for the offence punishable under Section

323 IPC, and, they have been sentenced to undergo

simple imprisonment for a period of one month along with

a fine of Rs. 100/- each for the offence under Section 352

IPC. Both the sentences were directed to run concurrently.

2. Against the said conviction and sentence, the

proposed revisionists had filed a Criminal Appeal (No. 5 of

2019). The said appeal has been dismissed vide judgment

dated 06.09.2022, passed by the learned Sessions Judge,

Champawat in the said Criminal Appeal. Therefore, the

present Revision.

3. Heard Mr. Mani Kumar and Mr. Kishore Rai,

learned counsel for the revisionists and Mr. Lalit Miglani,

learned Assistant Government Advocate for the State.

4. The Revision is admitted.

5. Heard on the Bail Application (IA No. 01 of

2022).

6. The learned counsel appearing for the

revisionists submitted that the revisionists were on bail

during the trial and during the appeal, and, the conditions

of bail were neither misused nor violated by them.

7. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the revisionists,

namely, Mohammad Imtiyaz, Mohammad Akram,

Mohammad Imran and Jafaruddin alias Jafar.

8. Let the revisionists be released on bail on their

executing a personal bonds and furnishing two reliable

sureties, each in the like amount, to the satisfaction of

learned Trial Court.

9. List this case on 09.01.2023 for final hearing.

___________________ ALOK KUMAR VERMA, J.

Dt: 20.10.2022 Shiksha