CRLR/469/2023
2023 Latest Caselaw 1861 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                       18th JULY, 2023

             CRIMINAL REVISION NO. 469 of 2023

                          With
            Delay Condonation Application No.01 of 2023


Between:

Pappu Lal                                          .....Revisionist

and

State of Uttarakhand                              .....Respondent

Counsel for the Revisionist       :     Mr. R.K. Chauhan,
                                        Advocate holding
                                        brief of Mr. D.C.S.
                                        Rawat, Advocate.
Counsel for the                   :     Mr. S.T. Bhardwaj,
Respondent                              Deputy Advocate
                                        General assisted by
                                        Mrs. Lata Negi,
                                        Brief Holder.

Hon'ble Alok Kumar Verma,J.

Proposed Criminal Revision has been filed

challenging the judgment dated 21.11.2022, passed by

learned Ist Additional District and Sessions Judge, Udham

Singh Nagar in Criminal Appeal No.04 of 2016, "Pappu Lal

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

against the judgment dated 16.12.2015, passed by

learned Judicial Magistrate, Kashipur, District Udham

Singh Nagar in Criminal Case No.168 of 2013, by which,

revisionist-accused was convicted and sentenced to

undergo rigorous imprisonment for a period of two years

along with a fine of Rs. 1,000/- for the offence under

Section 304 A of the Indian Penal Code, 1860 (in short,

"IPC"); he was 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 279

IPC, and, he was further convicted and sentenced to

undergo rigorous imprisonment for a period of two years

along with a fine of Rs.1,000/- for the offence under

Section 338 IPC, has been dismissed.

2. Proposed revision has been filed along with an

application under Section 5 of the Limitation Act, 1963 to

condone the delay of 144 days' in preferring the Revision.

3. Heard Mr. R.K. Chauhan, learned counsel

holding brief of Mr. D.C.S. Rawat, learned counsel for

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

Advocate General assisted by Mrs. Lata Negi, learned Brief

Holder for State on Delay Condonation Application (IA

No.01 of 2023).

4. The said Delay Condonation Application (IA

No.01 of 2023) has not been opposed by the State. In the

interest of justice, the said application is allowed. The

delay of 144 days' is condoned.

5. Admit.

6. List on 08.11.2023.

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

8. Mr. R.K. Chauhan, Advocate, has submitted that

there are substantial doubts about the conviction.

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

the conditions of bail were never misused by him.

9. Considering the facts and circumstances of the

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

Pappu Lal.

10. 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: 18.07.2023 Neha