Smt. Tanuja Joshi Alias Tanuja ... vs State Of Uttarakhand
2023 Latest Caselaw 2728 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL
            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                    18th SEPTEMBER, 2023

             CRIMINAL REVISION NO. 607 of 2023
                               With
                  Bail Application No.1 of 2023


Smt. Tanuja Joshi alias Tanuja Punetha                  ...Revisionist

                               Versus

State of Uttarakhand                                    ...Respondent

Counsel for the Revisionist         :     Mr. V.B.S. Negi, Senior
                                          Advocate assisted by
                                          Mr. Amit Kapri,
                                          Advocate.
Counsel for the State               :        Mr. M.A. Khan, A.G.A.

Hon'ble Alok Kumar Verma,J.

Proposed Revision has been filed against the

judgment dated 16.08.2023, passed by learned Sessions

Judge, Pithoragarh in Criminal Appeal No. 31 of 2023, by

which, the Appeal, filed against the judgment dated

19.06.2023, passed by learned Chief Judicial Magistrate,

Pithoragarh in Criminal Case No. 127 of 2022, by which,

revisionist was convicted and sentenced to undergo

rigorous imprisonment for a period of three years along

with a fine of Rs. 95,000/- under Section 420 of the Indian

Penal Code, 1860 (in short, "IPC"), and, she was further

convicted and sentenced to undergo rigorous

imprisonment for a period of one year along with a fine of

Rs. 5,000/- under Section 120B IPC, has been dismissed.

2. Heard Mr. V.B.S. Negi, learned Senior Advocate

assisted by Mr. Amit Kapri, learned counsel for the

revisionist and Mr. M.A. Khan, learned A.G.A. for the

State.

3. Learned Senior Advocate contended that there

are certain material contradictions in the statements of the

prosecution's witnesses, therefore, there are substantial

doubt about the conviction.

4. Admit.

5. Heard on the Bail Application (IA No. 01 of

2023).

6. Mr. V.B.S. Negi, learned Senior Advocate

contended that the revisionist is in judicial custody since

22.11.2021 and she is a permanent resident of District

Pithoragarh, therefore, there is no chance of her

absconding.

7. Learned counsel for the State has opposed the

bail application.

8. Considering the facts and circumstances of the

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

Smt. Tanuja Joshi alias Tanuja Punetha.

9. Let the revisionist be released on bail on her

executing a personal bond and furnishing two reliable

sureties, each in the like amount, to the satisfaction of the

Trial Court on the following conditions:-

(i) Revisionist shall maintain peace and tranquility during the pendency of the Revision.

(ii) Revisionist shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

10. List on 18.12.2023.

___________________ ALOK KUMAR VERMA, J.

Dt: 18.09.2023 Shiksha