CRLR/619/2023
2023 Latest Caselaw 3028 UK

Citation : 2023 Latest Caselaw 3028 UK
Judgement Date : 9 October, 2023

Uttarakhand High Court

CRLR/619/2023 on 9 October, 2023

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      09.10.2023                        CRLR No.619 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Revisionist-accused Dhanoj Yadav alias Raju was convicted and sentenced to undergo rigorous imprisonment for a period of one year and six months along with a fine of Rs.1500/-(Rupees One Thousand Five Hundred) for the offence punishable under Section 411 of the Indian Penal Code, 1860.

2. Against the judgment of conviction and sentence dated 16.04.2019, passed by the learned Judicial Magistrate, Udham Singh Nagar in Criminal Case No.201 of 2016, an Appeal (Criminal Appeal No.137 of 2019) was filed. The said appeal has been dismissed vide judgment dated 30.05.2023, passed by learned IInd Additional District and Sessions Judge, Udham Singh Nagar.

3. Proposed Revision has been filed along with an Application under Section 5 of the Limitation Act, 1963 to condone the delay of four days.

4. Heard Mr. Mohit Kumar, learned counsel for the revisionist and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

5. The Delay Condonation Application has not been seriously opposed by the State. .

6. Delay Condonation Application (IA No.2 of 2023) is allowed. Delay is condoned.

7. Admit.

8. List on 29.11.2023.

9. Heard on Bail Application (IA No.1 of 2023).

10. Mr. Mohit Kumar, Advocate submits that the revisionist was on bail during the trial, and, the conditions of bail were neither violated nor misused by him.

11. 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.

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

13. Let the revisionist-Dhanoj Yadav alias Raju, be released on bail on executing his personal bond and furnishing two reliable sureties each, in the like amount, to the satisfaction of the Court concerned.

(Alok Kumar Verma, J.) 09.10.2023 JKJ/Pant