CRLR/190/2023
2023 Latest Caselaw 1276 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  IA No.1 of 2023 Bail Application
                                  In
                                  CRLR No.190 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Eshan Sachdeva, counsel for the revisionist is present through V.C.

Mr. V.S. Rathore, AGA along with Mr. Deepak Bisht and Ms. Lata Negi, learned Brief Holder for the State.

Present criminal revision has been preferred by the revisionist against the judgment/order dated 07.03.2017 passed by Judicial Magistrate, Gopeshwar, Chamoli in Criminal Case No. 123 of 2016 as well as the judgment/order dated 15.03.2023 passed by Sessions Judge, Chamoli in Criminal Appeal No.07 of 2017, whereby the revisionist has been convicted under Section 60(2) of the United Provinces Excise Act, 1910 (U.P. Act No.IV of 1910) and sentenced accordingly.

Heard.

Admit the revision.

Also heard on the Bail Application IA No.1/2023.

Lower court report has been received.

Learned counsel for the revisionist/convict would submit that there are some glaring discrepancies in the case of prosecution that was not correctly appreciated by the learned Trial Court as well as the Appellate Court. He would further submit that in the recovery memo the time and place of recovery is not stated and moreover the alleged recovery was made in a crowded place, but there is no public witness of the same. He would further submit that there is unexplained contradiction in respect of the quantity of the alleged recovery of the country made liquor.

In the above facts and circumstances as stated above, this is a case for grant of bail during the pendency of the revision.

Let the revisionist be released on bail, during the pendency of present criminal revision, on furnishing bail bond with two sureties in the like amount of ₹ 40,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.

Put up this matter on 01.08.2023 Urgency Applications IA No.3/2023 and IA No.4/2023 stand disposed of accordingly.

(Vivek Bharti Sharma, J.) 08.05.2023 BS