Uttarakhand High Court
Kamaruddin And Another ...... ... vs State Of Uttarakhand And Another on 24 February, 2023
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 125 of 2023
With
Bail Application (IA) No.1 of 2023
Kamaruddin and Another ...... Revisionists
Vs.
State of Uttarakhand and Another ..... Respondents
Mr. D.C.S. Rawat, Advocate for the revisionists.
Mr. J.S. Virk, D.A.G. for the State of Uttarakhand.
Hon'ble Ravindra Maithani, J. (Oral)
The instant revision is preferred against the
conviction and sentence of the revisionists for the
offence under Section 11(1) of the Uttarakhand Cow
Progeny Act, 2007, recorded by the trial court on
24.10.2018, in Criminal Case No.306 of 2012, State Vs.
Kamaruddin and Another, (The court of First Additional
Sessions Judge, Junior Division/Judicial Magistrate,
Kashipur, District Udham Singh Nagar), which was
upheld on 23.01.2023, in Criminal Appeal No.230 of
2018, Kamaruddin and Another Vs. State of
Uttarakhand, by the court of II Additional Sessions
Judge, Kashipur, District Udham Singh Nagar.
2. Heard learned counsel for the parties and
perused the record.
3. Learned counsel for the revisionists would
submit that four witnesses were examined in the case,
but the prosecution has not adduced any evidence to
even show that the allegedly recovered articles were
properly kept intact and sent for forensic examination
and there was no mishandling of the articles in between.
It is argued that even it has not been shown as to who
took the samples for forensic examination.
4. Learned State Counsel would submit that
impugned judgment does not reveal as to who carried
the samples to forensic laboratory.
5. Having considered, this court of the view
that this matter definitely requires deliberations.
6. Admit.
7. Call for LCR.
8. List this matter on 18.05.2023 for hearing.
9. Heard on bail application (IA No.1 of 2023).
10. The revisionists have been convicted and
sentenced for the offence under Section 11(1) of the
Uttarakhand Cow Progeny Act, 2007, recorded by the
trial court on 24.10.2018, in Criminal Case No.306 of
2012, State Vs. Kamaruddin and Another, (The court of
First Additional Sessions Judge, Junior
Division/Judicial Magistrate, Kashipur, District Udham
Singh Nagar), which was upheld on 23.01.2023, in
Criminal Appeal No.230 of 2018, Kamaruddin and
Another Vs. State of Uttarakhand, by the court of II
Additional Sessions Judge, Kashipur, District Udham
Singh Nagar.
11. It has been argued that the prosecution
has not proved that the recovered article were kept
intact uptill it was received in the forensic science
laboratory. It is argued that there has been three
witnesses of the fact, namely PW1, S.S.I. Kheem Singh,
PW2, S.I Arun Kumar and PW3 Adesh Kumar and PW4,
Kheem Singh is the Investigating Officer.
12. This statement of learned counsel for the
revisionists has not been disputed by learned State
Counsel.
13. Having considered, this Court is of the view
that the revisionists are entitled to bail. Accordingly, the
bail application deserves to be allowed.
14. The bail application is allowed.
15. The execution of impugned sentence shall
remain in abeyance during the pendency of the revision.
16. Let the revisionists be released on bail, on
their executing a personal bond and furnishing two
reliable sureties, each of the like amount, by each one of
them to the satisfaction of the court concerned.
(Ravindra Maithani, J.)
24.02.2023
Ravi Bisht
