CRLR/536/2023
2023 Latest Caselaw 2130 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                      8th AUGUST, 2023

            CRIMINAL REVISION NO. 536 of 2023
                              With
                 Bail Application No.1 of 2023


Between:

Jarnail Singh                                  ...Revisionist

and

State of Uttarakhand                          ...Respondent

Counsel for the Revisionist     :       Mr. Sandeep Kothari,
                                        Advocate.
Counsel for the State           :       Mrs. Manisha Rana
                                        Singh, A.G.A.

Hon'ble Alok Kumar Verma,J.

Revisionist-accused Jarnail Singh was convicted and

sentenced to undergo rigorous imprisonment for a period

of three months along with a fine of Rs. 500/- for the

offence under Section 279 of the Indian Penal Code, 1860

(in short, "IPC"); he was convicted and sentenced to

undergo rigorous imprisonment for a period of one year

and six months along with a fine of Rs. 9,000/- for the

offence punishable under Section 304A IPC, and, he was

further convicted under Section 337 IPC and was

sentenced to undergo rigorous imprisonment for a period

of three months along with a fine of Rs. 500/-. All the

sentences were directed to run concurrently. Against the

judgment dated 18.01.2020, passed by learned Additional

Chief Judicial Magistrate, Khatima, District Udham Singh

Nagar in Criminal Case No. 1968 of 2011, a Criminal

Appeal (No. 38 of 2020) was filed. The said Appeal has

been dismissed vide judgment dated 14.07.2023, passed

by learned IInd Additional Sessions Judge, Udham Singh

Nagar.

2. Heard Mr. Sandeep Kothari, learned counsel for

the revisionist and Mrs. Manisha Rana Singh, learned

A.G.A. for the State.

3. Learned counsel for the revisionist contended

that the prosecution has failed to prove the necessary

ingredients of Section 304A IPC. Therefore, there are

substantial doubts about conviction.

4. Admit.

5. List on 05.12.2023.

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

2023).

7. Learned counsel for the revisionist submitted

that the revisionist was on bail during the trial and appeal

and the conditions of bail were never misused by him.

8. Learned counsel for the State has opposed the

bail application.

9. Considering the facts and circumstances of the

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

Jarnail Singh.

10. 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 the

Trial Court.

___________________ ALOK KUMAR VERMA, J.

Dt: 08.08.2023 Shiksha