Uttarakhand High Court
Fareed vs State Of Uttarakhand on 31 March, 2023
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 57 of 2023
With
Bail Application (IA) No.3 of 2023
Fareed ..... Revisionist
Vs.
State of Uttarakhand ..... Respondent
Mr. Sanjay Kumar, Advocate for the revisionist.
Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder for the
State of Uttarakhand.
Hon'ble Ravindra Maithani, J. (Oral)
The revisionist proposes to challenge his
conviction and sentence under Section 411 IPC recorded
in Criminal Case No. 332 of 2017, State Vs. Tasim and
Another, by the court of Judicial Magistrate, Jaspur,
District Udham Singh Nagar ("the case"), on 01.10.2019,
and, judgment and order dated 10.09.2021, passed in
Criminal Appeal No.322 of 2019, Fareed Vs. State of
Uttarakhand, by the court of First Additional Sessions
Judge, Kashipur, District Udham Singh Nagar ("the
appeal"), by which the order dated 10.09.2021, passed
in the case, has been upheld. A Bail Application (IA No.3
of 2023) has also been filed.
2. Heard learned counsel for the parties and
perused the record.
3. Learned counsel for the revisionist would
submit that the revisionist has been in custody for more
than 17 months now. He was a child in conflict with law
on the date of incident. He had taken this plea in the
appeal, but it was not considered.
4. The lower court record is before the Court.
The statement of the revisionist under Section 313 of the
Code of Criminal Procedure, 1973 ("the Code") was
recorded on 10.12.2018. On that date, the revisionist
had revealed his age 22 years. The date of incident is
24.08.2012. Does it mean that on the date of incident,
he was 16 years of age?
5. Having considered, this Court is of the view
that this matter definitely requires deliberations.
6. Admit.
7. LCR is already before this Court.
8. List this matter for final hearing on
06.07.2023.
9. Heard on bail application (BA1 No.3 of
2023).
10. Apart from other grounds, one of the
grounds for challenge is that the revisionist was a child
in conflict with law on the date of incident. As stated, in
his statement recorded under Section 313 of the Code n
10.12.2018, the revisionist had revealed his age 22
years. The date of incident is 24.08.2012. This Court
would definitely deliberate on the aspect of the age of the
revisionist. In fact, in the revision, an application, which
the revisionist proposed to file in the appeal, as well as
his school leaving certificate has been filed.
11. Having considered, this Court is of the view
that the revisionist is entitled to bail during the
pendency of the revision. 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 revisionist be released on bail, on his
executing a personal bond and furnishing two reliable
sureties, each of the like amount, to the satisfaction of
the court concerned.
15. In this revision, which is against conviction
and sentence of the revisionist under Section 411 IPC,
as recorded by the trial court and confirmed in the
appeal, a plea has been taken that the revisionist was a
child in conflict with law. In his statement recorded on
10.12.2018, under Section 313 of the Code, the
revisionist did reveal his age as 22 years. The date of
incident is 24.08.2012. Does it mean that the revisionist
was 16 years of age on the date of incident? In the
revision, the revisionist has filed an application dated
10.09.2021, which, according to the learned counsel for
the revisionist, the revisionist wanted to file in the court
of appeal, which was not accepted. The revisionist has
also filed a school leaving certificate of the revisionist
purported to have been issued from some school in
Udham Singh Nagar. According to it, the date of birth of
the revisionist is 02.08.1997.
16. Let the Registrar Judicial of this Court
conduct an enquiry and submit a report with regard to
the age of the revisionist on the date of incident.
(Ravindra Maithani, J.)
31.03.2023
Ravi Bisht
