Uttarakhand High Court
CRLR/556/2022 on 21 October, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
21st OCTOBER, 2022
CRIMINAL REVISION NO. 556 of 2022
With
Bail Application No.1 of 2022
Between:
Satish Mamgain ...Revisionist
and
State of Uttarakhand ...Respondent
Counsel for the Revisionist : Mr. Bhupesh Kandpal,
Advocate and Mr. Vansh
Sharma, Advocate.
Counsel for the State : Mr. Ranjan Ghildiyal,
Assistant Government
Advocate.
Hon'ble Alok Kumar Verma,J.
The proposed revisionist, namely, Satish
Mamgain was convicted by the learned Trial Court for the
offence punishable under Sections 420, 467, 468, 471 and
409 of the Indian Penal Code, 1860 (in short "IPC"). He
has been sentenced to undergo rigorous imprisonment for
a period of three years along with a fine of Rs. 1,000/- for
the offence punishable under Section 420 IPC; he has
been sentenced to undergo rigorous imprisonment for a
period of three years along with a fine of Rs. 1,000/- for
the offence punishable under Section 467 IPC; he has
been sentenced to undergo rigorous imprisonment for a
period of three years along with a fine of Rs. 1,000/- for
the offence punishable under Section 468 IPC; he has
been sentenced to undergo rigorous imprisonment for a
period of three years along with a fine of Rs. 1,000/- for
the offence punishable under Section 471 IPC, and, he has
been further sentenced to undergo rigorous imprisonment
for a period of three years along with a fine of Rs.
1,24,000/- for the offence punishable under Section 409
IPC. All the sentences have been directed to run
concurrently.
2. The proposed revisionist had filed a Criminal
Appeal No. 1 of 2016. The said Criminal Appeal has been
dismissed vide judgment dated 03.08.2022, passed by the
learned IInd Additional Sessions Judge, Dehradun. Hence,
the present Revision.
3. The Appellate Court, while passing the judgment
dated 03.08.2022, confirmed the said conviction, though
modifying the sentence, the Appellate Court passed an
order that in case the appellant-accused deposits the
amount of fine within two months, he would be undergo
imprisonment for a period of one year in place of three
years.
4. Heard Mr. Bhupesh Kandpal and Mr. Vansh
Sharma, learned counsel for the revisionist and Mr. Ranjan
Ghildiyal, learned Assistant Government Advocate for the
State.
5. Revision is admitted.
6. Heard on the Bail Application (IA No. 01 of
2022).
7. Mr. Bhupesh Kandpal, the learned counsel
appearing for the revisionist, submitted that the revisionist
was on bail during the trial and during the appeal, and,
the conditions of bail were neither misused nor violated by
him. He further submitted that the revisionist, aged about
71 years, undertakes to deposit the fine, as imposed by
the learned Trial Court, within 15 days from today.
8. Considering the facts and circumstances of the
case, this Court is inclined to grant bail to the revisionist,
namely, Satish Mamgain.
9. Let the revisionist be released on bail on his
executing a personal bond and furnishing two reliable
sureties, each in the like amount, to the satisfaction of
learned Trial Court.
10. List this case on 12.01.2023 for final hearing.
11. Let a certified copy of this order be supplied to
learned counsel for the parties, today itself, on payment of
usual charges.
___________________
ALOK KUMAR VERMA, J.
Dt: 21.10.2022
Shiksha
