Suraj Pal vs State Of Uttarakhand
2023 Latest Caselaw 3587 UK

Uttarakhand High Court

Suraj Pal vs State Of Uttarakhand on 28 December, 2023

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

            IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL

             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        28th DECEMBER, 2023
                  CRIMINAL REVISION NO. 971 of 2023


Suraj Pal                                            .....Revisionist


                            Versus


State of Uttarakhand                                 ...Respondent

Counsel for the Revisionist :        Mr. Vijay Bhatt, Advocate.
Counsel for the State       :        Mr. V.K. Jemini, Deputy Advocate
                                     General.


Hon'ble Alok Kumar Verma,J.

The proposed revisionist was convicted under Section 323 of the Indian Penal Code, 1860 (in short, "IPC") and sentenced to undergo simple imprisonment for a period of one year along with a fine of Rs.10,000/-, and, he was further convicted and sentenced to undergo simple imprisonment for a period of one year along with a fine of Rs.10,000/- under Section 325 IPC. Both the sentences were directed to run concurrently.

2. The revisionist had filed an Appeal (Criminal Appeal No.31 of 2023) against the said judgment dated 27.04.2023, passed by learned Judicial Magistrate, Dhumakot, District Pauri Garhwal in Criminal Case No.15 of 2019. The said Appeal has been dismissed vide judgment dated 30.09.2023, passed by learned Sessions Judge, Pauri Garhwal.

3. Heard Mr. Vijay Bhatt, learned counsel for the proposed revisionist and Mr. V.K. Jemini, learned Deputy Advocate General for the State.

4. Mr. Vijay Bhatt, Advocate, contended that there are material contradictions in the statements of the doctor (PW1) and the witness (PW2).

5. Admit.

6. List on 21.03.2024.

7. Heard on the Bail Application (IA No.01 of 2023).

8. Mr. Vijay Bhatt, Advocate, submitted that the revisionist is in judicial custody since 21.10.2023. He was on bail during the trial and the appeal, and, the conditions of bail were never misused by him.

9. Having considered the submissions of learned counsel for the parties and in the facts and circumstances of the case, this Court is of the view that the revisionist deserves bail at this stage.

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

11. Let the revisionist - Suraj Pal be released on bail on his executing a personal bond and furnishing two reliable sureties, in the like amount, to the satisfaction of the Court concerned.

___________________ ALOK KUMAR VERMA, J.

Dated 28.12.2023 Pant/