CRLR/517/2023
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      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                      2nd AUGUST, 2023
            DELAY CONDONATION APPLICATION No.01 of 2023
                             with
             CRIMINAL REVISION NO. 517 of 2023


Between:

Smt. Krishna Devi                                  .....Revisionist

and

State of Uttarakhand                               ...Respondent

Counsel for the Revisionist         :      Mr. Shariq     Khurshid,
                                           Advocate.
Counsel for the Respondent          :     Mr. B.P.S. Mer,
                                          Brief Holder.

Hon'ble Alok Kumar Verma,J.

Revisionist-accused Smt. Krishna Devi was

convicted and sentenced to undergo rigorous

imprisonment for a period of two years along with a fine of

Rs. 500/- for the offence under Section 452 of the Indian

Penal Code, 1860 (in short, "IPC"); she was convicted and

sentenced to undergo rigorous imprisonment for a period

of one year along with a fine of Rs.500/- for the offence

under Section 323 IPC; she was convicted and sentenced

to undergo rigorous imprisonment for a period of one year

along with a fine of Rs. 500/- for the offence under

Section 504 IPC, and, she was further convicted and

sentenced to undergo rigorous imprisonment for a period

of one year along with a fine of Rs.500/- for the offence

under Section 506 IPC. All the sentences were directed to

run concurrently.

2. Against the said judgment dated 09.02.2016,

passed by learned Judicial Magistrate, Kashipur, District

Udham Singh Nagar in Criminal Case No. 174 of 2012, a

Criminal Appeal (No.35 of 2016) was filed. The sentence,

passed by learned Trial Court, has been modified by

learned Appellate Court by passing judgment on

08.08.2022. Revisionist has been sentenced to undergo

rigorous imprisonment for a period of six-six months along

with fine for each of the offences under Sections 452, 323,

504 and 506 IPC.

3. Present Revision has been filed along with an

Application under Section 5 of the Limitation Act, 1963 to

condone the delay of 262 days' in preferring the Revision.

The said application has not been opposed by the State.

4. In the interest of justice, Delay Condonation

Application (IA No.01 of 2023) is allowed. The delay is

condoned.

5. Mr. Shariq Khurshid, Advocate, contended that

the judgment passed by both the Courts are against the

facts and circumstances of the case and there are material

contradictions in the statements of the prosecution's

witnesses.

6. Admit.

7. List on 02.12.2023.

8. Heard on the Bail Application (IA No. 2 of 2023).

9. It is submitted by Mr. Shariq Khurshid,

Advocate, that the revisionist, aged about 72 years, was

on bail during the trial and appeal, and, the conditions of

bail were neither misused nor violated by her.

10. Considering the facts and circumstances of the

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

Smt. Krishna Devi.

11. Let the revisionist be released on bail on her

executing a personal bond and furnishing two reliable

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

Trial Court.

___________________ ALOK KUMAR VERMA, J.

Dt: 02.08.2023 Neha