Hardesh Tamta vs State Of Uttarakhand
2023 Latest Caselaw 3464 UK

Uttarakhand High Court

Hardesh Tamta vs State Of Uttarakhand on 21 November, 2023

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

        IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL

          THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    21th NOVEMBER, 2023
                CRIMINAL REVISION NO.826 of 2023


Hardesh Tamta                                            .....Revisionist


                            Versus


State of Uttarakhand                                     ...Respondent

Counsel for the Revisionist :           Mr. Amit Kapri, Advocate.
Counsel for the State         :         Mr. M.K. Chand, AGA.



Hon'ble Alok Kumar Verma,J.

Proposed revisionist - accused Hardesh Tamta was convicted and sentenced to undergo simple imprisonment for a period of two years along with a fine of Rs. 10,000/- under Section 498A of the Indian Penal Code, 1860 (in short, "IPC"), and, he was further convicted and sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs. 1,000/- under Section 323 IPC. Against the said judgment dated 08.12.2022, passed by learned Chief Judicial Magistrate, Bageshwar in Criminal Case No.245 of 2020, a Criminal Appeal (No.03 of 2023) was filed. The said Appeal has been dismissed vide judgment dated 31.10.2023, passed by learned Sessions Judge, Bageshwar.

2. Heard Mr. Amit Kapri, learned counsel for the proposed revisionist and Mr. M.K. Chand, learned AGA for the State.

3. A copy of question - answer, issued by the Court of Chief Judicial Magistrate, Bageshwar, filed by the revisionist, is taken on record.

4. Mr. Amit Kapri, Advocate, submits that there is every possibility of amicable settlement between the parties.

5. Admit.

6. Issue notice to the informant/victim Smt. Hema Devi. Steps to be taken within a week.

7. List on 29.12.2023.

8. Heard on the Bail Application.

9. Mr. Amit Kapri, Advocate, submits 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 parties 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 is allowed.

12. Let the revisionist - Hardesh Tamta 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 21.11.2023 Pant/