Yogesh Kumarnd Another ...... ... vs State Of Uttarakhand And Another
2023 Latest Caselaw 540 UK

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

             Criminal Revision No. 141 of 2023
                                With
                 Bail Application (IA) No.1 of 2023


Yogesh Kumarnd Another                             ...... Revisionists

                                   Vs.

State of Uttarakhand and Another                  ..... Respondents


Ms. Pushpa Joshi, Senior Advocate assisted by Ms. Chetna Latwal,
Advocate for the revisionists.
Mr. Lalit Miglani, A.G.A. assisted by Mr. P.S. Uniyal, Brief Holder for the
State of Uttarakhand.


Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this revision is made to

judgment and order dated 02.02.2023, passed in

Criminal Appeal No.26 of 2020, Smt. Parul and Another

Vs. Yogesh Kumar and another, by the court of II

Additional Sessions Judge, Roorkee, District Haridwar

("the appeal"), by which the appeal has been allowed and

the revisionists have been convicted and sentenced

under Section 323 and 506 IPC, but their acquittal

under Section 498 A IPC was upheld.

2. Heard learned counsel for the parties and

perused the record.

3. Admit.

4. Call for the LCR.

5. Issue notice to the respondent no.2

returnable within four weeks.

6. Steps to be taken within a week.

7. List this matter for hearing on 06.06.2023.

8. Heard on bail application (IA No.1 of 2023).

10. The revisionists were acquitted by the trial

court for the charge under Sections 498A, 323 and 506

IPC. But it is argued that the revisionists have been

convicted and sentenced under Section 323, 506 IPC in

appeal. Although they have been acquitted for the

offence under Section 498 A IPC.

9. It is argued by learned Senior Counsel for

the revisionists that the revisionists have been on bail

during trial and appeal. Now, they are still on interim

bail.

10. Learned State Counsel admits these factual

aspects.

11. Having considered, this Court is of the view

that the revisionists are entitled to bail. Accordingly, the

bail application deserves to be allowed.

12. The bail application is allowed.

13. The execution of impugned sentence shall

remain in abeyance during the pendency of the revision.

14. 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.) 01.03.2023 Ravi Bisht