Mohd. Mohsin vs State Of Uttarakhand
2023 Latest Caselaw 3317 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    01st NOVEMBER, 2023

             CRIMINAL REVISION NO. 564 of 2022


Mohd. Mohsin                                    .....Revisionist

                           Versus

State of Uttarakhand                          .....Respondent


Counsel for the Revisionist        :    Mrs. Sheetal Selwal
                                        with Mr. Lalit Miglani,
                                        Advocate.
Counsel for the Respondent         :    Mr. Pramod Tiwari,
                                        Brief Holder.


Hon'ble Alok Kumar Verma,J.

Proposed Revisionist-Mohd. Mohsin was

convicted and sentenced to undergo rigorous

imprisonment for a period of three years along with a fine

of Rs. 5,000/- under Section 3 read with Section 11 of the

Uttarakhand Protection of Cow Progeny Act, 2007, and, he

was further convicted and sentenced to undergo rigorous

imprisonment for a period of three years along with a fine

of Rs. 5,000/- under Section 5 read with Section 11 of the

Uttarakhand Protection of Cow Progeny Act, 2007.

2. Against the said judgment dated 22.09.2016,

passed by learned IInd Judicial Magistrate, Haldwani,

District Nainital, an Appeal (Criminal Appeal No.132 of

2016) was filed. The said Appeal has been dismissed vide

judgment dated 13.06.2022, passed by learned IInd

Additional Sessions Judge, Haldwani, District Nainital.

3. Mrs. Sheetal Selwal, Advocate, contended that

there are certain material contradictions in the statements

of the prosecution's witnesses, therefore, there are

substantial doubts about the conviction.

4. Admit.

5. List on 09.01.2024.

6. Heard on the Bail Application (IA No. 02 of

2022).

7. Mrs. Sheetal Selwal, Advocate, contended that

the revisionist is in judicial custody since 13.09.2022. He

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

of bail were never misused nor violated by him.

8. Considering the facts and circumstances of the

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

Mohd. Mohsin.

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 the

Trial Court.

___________________ ALOK KUMAR VERMA, J.

Dt: 01.11.2023 Neha