Desha Singh vs State Of Uttarakhand
2023 Latest Caselaw 2569 UK

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

                   29th AUGUST, 2023
           CRIMINAL REVISION NO. 606 of 2023


Desha Singh                                    .....Revisionist

                         Vs.

State of Uttarakhand                         .....Respondent

Counsel for the Revisionist     :      Mr. Vikas Kumar
                                       Guglani, Advocate.
Counsel for the Respondent      :     Mrs. Manisha Rana
                                      Singh, A.G.A.

Hon'ble Alok Kumar Verma,J.

Revisionist-accused Desha 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"), and, he was further convicted and

sentenced to undergo rigorous imprisonment for a period

of one year along with a fine of Rs.2,000/- for the offence

under Section 304 A IPC. Both the sentences were

directed to run concurrently.

2. Against the said judgment dated 23.05.2018,

passed by learned Judicial Magistrate/IInd Additional Civil

Judge (Senior Division), Udham Singh Nagar in Criminal

Case No. 12425 of 2013 (Old No. 752 of 2011), a

Criminal Appeal (No.110 of 2018) was filed. The said

Appeal has been dismissed vide judgment dated

27.07.2023 passed by learned IInd Additional Sessions

Judge, Udham Singh Nagar.

3. Mr. Vikas Kumar Guglani, Advocate, contended

that there are material contradictions in the statements of

the prosecution's witnesses, therefore, there is substantial

doubt about the conviction.

4. Admit.

5. List on 11.12.2023.

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

2023).

7. Mr. Vikas Kumar Guglani, Advocate, submits

that the revisionist was on bail during the trial and appeal,

and, the conditions of bail were neither misused nor

violated by him.

8. Considering the facts and circumstances of the

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

Desha Singh.

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 the

Trial Court.

___________________ ALOK KUMAR VERMA, J.

Dt: 29.08.2023 Neha