CRLR/449/2023
2023 Latest Caselaw 1809 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        7th JULY, 2023

             CRIMINAL REVISION NO. 449 of 2023


Between:

Sikandar Khan                                      .....Revisionist

and

State of Uttarakhand                               ...Respondent

Counsel for the Revisionist        :     Mr. Pankaj Singh
                                         Chauhan, Advocate
                                         through video
                                         conferencing.
Counsel for the                    :    Mrs. Manisha Rana
Respondent                              Singh, A.G.A. assisted by
                                        Mrs. Shewali Joshi,
                                        Brief Holder.

Hon'ble Alok Kumar Verma,J.

Proposed Criminal Revision has been filed

challenging the judgment dated 27.05.2023, passed by

learned IIIrd Additional District and Sessions Judge, Udham

Singh Nagar in Criminal Appeal No.192 of 2018, "Sikandar

vs. State of Uttarakhand" by which, the said Appeal, filed

against the judgment dated 28.08.2018, passed in

Criminal Case No.1704 of 2011, has been dismissed.

2. Proposed revisionist-accused Sikandar was

convicted and sentenced to undergo rigorous

imprisonment for a period of three months along with a

fine of Rs. 500/- for the offence punishable under Section

279 of the Indian Penal Code, 1860 (in short, "IPC"); he

was convicted and sentenced to undergo rigorous

imprisonment for a period of one year and six month

along with a fine of Rs.5,000/- for the offence punishable

under Section 304 A, and, he was further convicted and

sentenced to undergo rigorous imprisonment for a period

of six months along with a fine of Rs.1,000/- for the

offence under Section 427 IPC. All the sentences were

directed to run concurrently.

3. Heard Mr. Pankaj Singh Chauhan, learned counsel for revisionist through video conferencing and Mrs. Manisha Rana Singh, learned A.G.A. assisted by Mrs. Shewali Joshi, learned Brief Holder for State.

4. Admit.

5. List on 01.11.2023.

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

7. Mr. Pankaj Singh Chauhan, Advocate, has

submitted that there are certain material contradictions in

the statements of the prosecution's witnesses. Revisionist

was on bail during the trial and appeal, and, the conditions

of bail were never misused by him.

8. Considering the facts and circumstances of the

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

Sikandar.

9. Let the revisionist be released on bail on his

executing a personal bond and furnishing two reliable

sureties, each in the like amount, to the satisfaction of

Trial Court.

___________________ ALOK KUMAR VERMA, J.

Dt: 07.07.2023 Neha