CRLR/56/2023
2023 Latest Caselaw 320 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CRLR No. 56 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Kurban Ali, Advocate, for the revisionists.

Mr. Lalit Miglani, A.G.A., for the State of Uttarakhand.

The present Criminal Revision has been preferred by the present revisionists, thereby giving a challenge to the judgment of conviction, as it has been rendered by the Court of Addl. Sessions Judge, Kashipur, District Udham Singh Nagar, in Criminal Appeal No. 411 of 2019, Sajid and others Vs. State of Uttarakhand, whereby, as a consequence of the dismissal of the Criminal Appeal, it has resulted into an affirmation of the judgement of conviction dated 23rd November, 2019, as it was rendered by the Court of Judicial Magistrate, Bajpur, in Criminal Case No. 413 of 2017.

As a consequence of the aforesaid two judgments, the present revisionists have been sentenced to undergo a simple imprisonment for a period of two years, with a fine of Rs.1,000/-, for the offence under Section 332 of the IPC; for the offence under Section 353 of the IPC, they have been sentenced to undergo a simple imprisonment for a period of 1-1/2 years with a fine of Rs.1,000/-, and for the offence under Section 506 of the IPC, they have been sentenced to undergo a simple imprisonment for a period of 1 year with a fine of Rs.1,000/-.

The learned counsel for the revisionists argues, that apart from the fact that, the prosecution cannot be said to have been able to prima facie establish the case against them, coupled with the fact that, he argues that the revisionists have been on bail during the course of trial and they have never misused the same.

The factum of deriving the benefit of bail during the trial has been vehemently opposed by the Government Advocate, but considering the overall conspicuous of the case, that since the revisionists were on bail and they have never misused the same, coupled with the fact, that they have been directed to undergo a sentence of maximum period of two years, which is the sentence, directed to run concurrently, all the revisionists are directed to be released on bail, subject to furnishing of their personal bond and two sureties each of the like amount to the satisfaction of Magistrate concerned.

Admit the Revision.

Summon the L.C.R.

List after receipt of L.C.R.

(Sharad Kumar Sharma, J.) (Vacation Judge) Dated 25.01.2023 Shiv