Ashok Kumar vs State Of Uttarakhand And Another
2023 Latest Caselaw 3435 UK

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                        09th NOVEMBER, 2023
                 CRIMINAL REVISION NO. 531 of 2023


Ashok Kumar                                          .....Revisionist


                            Versus


State of Uttarakhand and Another                     ...Respondents

Counsel for the Revisionist :        Mr. Himanshu Joshi, Advocate,
                                     holding brief of Mr. Shivanand
                                     Bhatt, Advocate.
Counsel for the State      :         Mr. Rakesh Negi, Brief Holder.



Hon'ble Alok Kumar Verma,J.

Proposed Revisionist - accused Ashok Kumar was convicted and sentenced to undergo simple imprisonment for a period of six months under Section 279 of the Indian Penal Code, 1860 (in short, "IPC"), and, he was further convicted and sentenced to undergo simple imprisonment for a period of two years under Section 304A IPC vide judgment dated 20.12.2018, passed by learned Judicial Magistrate, Pauri Garhwal in Criminal Case No.692 of 2017.

2. Against the said judgment dated 20.12.2018, a Criminal Appeal (Criminal Appeal No.11 of 2019) was filed. The said Appeal has been dismissed vide judgment dated 10.07.2023, passed by learned Sessions Judge, Pauri Garhwal.

3. Heard Mr. Himanshu Joshi, Advocate, holding brief of Mr. Shivanand Bhatt, learned counsel for the proposed revisionist and Mr. Rakesh Negi, learned Brief Holder for the State.

4. Learned counsel for the proposed revisionist submits that the revisionist was not driving the offending vehicle at the time of the incident. There are no cogent and positive evidence on record to prove that the revisionist was driving the offending

vehicle in a rash or negligent manner. Therefore, there are substantial doubts about the conviction.

5. Admit.

6. Learned counsel for the State has sought four weeks' time for arguments.

7. List on 09.01.2024.

8. Heard on the Bail Application (IA No.01 of 2023).

9. Mr. Himanshu Jsohi, Advocate, has submitted that the

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

conditions of bail were neither violated nor misused by him.

10. Having considered the submissions of learned counsel

for the revisionist and in the facts and circumstances of the case,

this Court is of the view that the revisionist deserves bail at this

stage.

11. The Bail Application (IA No.01 of 2023) is allowed.

12. Let the revisionist - Ashok Kumar be released on bail on

his executing a personal bond and furnishing two reliable sureties,

in the like amount, to the satisfaction of the Court concerned.

___________________ ALOK KUMAR VERMA, J.

Dated 09.11.2023 Pant/