Citation : 2023 Latest Caselaw 3483 UK
Judgement Date : 30 November, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
30th NOVEMBER, 2023
CRIMINAL REVISION NO. 739 of 2023
Gulshad Beg alias Guldasta .....Revisionist
Versus
State of Uttarakhand ...Respondent
Counsel for the Revisionist : Mr. Pooran Singh Rawat,
Advocate.
Counsel for the State : Mr. Akshay Latwal, Brief Holder.
Hon'ble Alok Kumar Verma,J.
Proposed revisionist-accused Gulshad Beg alias Guldasta
was convicted and sentenced to undergo simple imprisonment for
a period of one year along with a fine of Rs. 1,000/- under Section
471 of the Indian Penal Code, 1860. Against the said judgment
dated 30.10.2018, passed by learned Judicial Magistrate/ Ist
Additional Civil Judge (Junior Division) Rudrapur, District Udham
Singh Nagar in Criminal Case No. 4387 of 2016, a Criminal Appeal
(No. 241 of 2018) was filed. The said Appeal has been dismissed
vide judgment dated 08.09.2023, passed by learned IInd Additional
Sessions Judge, Rudrapur, District Udham Singh Nagar.
2. Heard Mr. Pooran Singh Rawat, learned counsel for the
revisionist and Mr. Akshay Latwal, learned Brief Holder for the
State.
3. Mr. Pooran Singh Rawat, Advocate, contended that
there are material contradictions in the statements of the
prosecution's witnesses. Therefore, there are substantial doubts
about the conviction.
4. Admit.
5. Heard on the Bail Application (IA No. 1 of 2023).
6. Learned counsel for the revisionist has submitted that
the revisionist was on bail during the trial and appeal, and, the
conditions of bail were never misused nor violated by him.
7. Learned counsel for the State has opposed the bail
application. However, he has conceded that the revisionist was on
bail during the trial and appeal, and, the conditions of bail were
never misused by him.
8. Considering the facts and circumstances of the case,
this Court is inclined to grant bail to the revisionist-Gulshad Beg
alias Guldasta.
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.
10. List on 19.02.2024.
___________________ ALOK KUMAR VERMA, J.
Dated 30.11.2023 Shiksha/
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