CRLR/102/2023
2023 Latest Caselaw 420 UK

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

                   17TH FEBRUARY, 2023

            CRIMINAL REVISION NO.102 of 2023

Between:

Vijay Pal Singh.                               .....Revisionist

and

State of Uttarakhand.                         .....Respondent


Counsel for the Revisionist   :       Mr. Piyush Garg,
                                      Advocate.
Counsel for the State             :   Mr. S.T. Bharadwaj,
                                      Deputy Advocate
                                      General with Mr.
                                      Balvinder Thind, Brief
                                      Holder.


Hon'ble Alok Kumar Verma, J.

The present revisionist-accused Vijay Pal Singh

had been convicted by the learned Trial Court for the

offence punishable under Section 332 of the Indian Penal

Code, 1860 (in short "IPC") and had been sentenced to

undergo rigorous imprisonment for a period of one year

along with a fine of `.500/-; he had been further convicted

and sentenced to undergo rigorous imprisonment for a

period of one year along with a fine of `.500/- for the

offence punishable under Section 353 IPC. Both the

sentences were directed to run concurrently.

2. The revisionist had filed a Criminal Appeal (No.

83 of 2019). The said Appeal has been dismissed on

03.02.2023. Against the said judgment, passed by the

learned Additional Sessions Judge, Kotdwar, District Pauri-

Garhwal, the present Criminal Revision has been filed.

3. Heard Mr. Piyush Garg, learned counsel for the

revisionist and Mr. S.T. Bharadwaj, learned Deputy

Advocate General with Mr. Balvinder Thind, learned Brief

Holder for the State.

4. Admit.

5. Heard on the Bail Application (No.1 of 2023).

6. Mr. Piyush Garg, learned counsel appearing for

the revisionist, submitted that there are substantial doubts

about the conviction. The revisionist was on bail during

the trial and the condition of bail were neither misused nor

violated by him. Appellant, aged about 69 years, is a

permanent resident of District Pauri-Garhwal.

7. Mr. S.T. Bharadwaj, learned Deputy Advocate

General for the State, opposed the bail application.

8. Considering the facts and circumstances of the

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

namely, Vijay Pal Singh, provided he submits his personal

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

the satisfaction of the court concerned.

9. Bail Application (No.1 of 2023) is allowed

accordingly.

10. Registry is directed to send a soft copy of this

bail order immediately by e-mail to the revisionist-prisoner

through the concerned Jail Superintendent for necessary

action.

11. List this case on 05.06.2023.

12. Let a certified copy of this order be supplied to

the learned counsel for the revisionist, today itself, on the

payment of usual charges.

___________________ ALOK KUMAR VERMA, J.

Dt: 17.02.2023 Shubham