CRLA/53/2023
2023 Latest Caselaw 347 UK

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

                  03RD FEBRUARY, 2023

              CRIMINAL APPEAL NO.53 of 2023


Between:

Mohd. Altmash                                 .....Appellant

and

State of Uttarakhand                         ...Respondent


Counsel for the Appellant      :   Mr. Raj Kumar Singh,
                                   Advocate.
Counsel for the State          :   Mr. Lalit Miglani,
                                   A.G.A. with Mrs.
                                   Shivangi Gangwar,
                                   Brief Holder.

Hon'ble Alok Kumar Verma, J.

The present Criminal Appeal has been filed by

the appellant against the judgment and order dated

07.01.2023, passed by the learned F.T.S.C./Additional

Sessions Judge, Roorkee, District Haridwar in Special

Sessions Trial No.8 of 2021, "State of Uttarakhand vs.

Altmash", by which, the appellant has been convicted for

the offence under Section 363 IPC and sentenced to

undergo rigorous imprisonment for a period of three years

along with a fine of Rs.10,000/-, and, in default of

payment of fine, the appellant has been further directed to

undergo additional imprisonment for a period of three

months.

2. Heard Mr. Raj Kumar Singh, learned counsel for

the appellant and Mr. Lalit Miglani, learned A.G.A with Mrs.

Shivangi Gangwar, learned Brief Holder for the State.

3. Appeal is admitted.

4. Heard learned counsel for the parties on the Bail

Application (I.A. No.2 of 2023).

5. Learned counsel for the appellant submitted that

there are substantial doubts about the conviction. The

appellant was on bail during trial and the conditions of bail

were neither misused nor violated by him. He is on interim

bail.

6. Considering the facts and circumstances of the

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

namely, Mohd. Altmash, provided he submits his personal

bond and two reliable sureties, each in the like amount to

the satisfaction of the court concerned.

7. List this case on 05.06.2023.

___________________ ALOK KUMAR VERMA, J.

Vacation Judge

Dt: 03.02.2023 Shubham