Surendra Singh vs State Of Uttarakhand
2023 Latest Caselaw 2749 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
          THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   19th SEPTEMBER, 2023
            CRIMINAL REVISION NO. 655 of 2023


Surendra Singh                                    .....Revisionist

                             Versus

State of Uttarakhand                            .....Respondent

Counsel for the Revisionist       :      Mr. Prashant Khanna,
                                         Advocate.
Counsel for the Respondent        :   Mr. Akshay Latwal,
                                      Brief Holder.

Hon'ble Alok Kumar Verma,J.

Proposed revisionist-accused Surendra Singh

was convicted and sentenced to undergo simple

imprisonment for a period of three month along with a fine

of Rs. 1,000/- under Section 279 of the Indian Penal Code,

1860 (in short, "IPC"); he was convicted and sentenced to

undergo simple imprisonment for a period of six month

along with a fine of Rs.5,000/- under Section 304 A IPC;

he was convicted under Section 337 IPC and was

sentenced to undergo simple imprisonment for a period of

three month along with a fine of Rs.500/-, and, he was

further convicted and sentenced to undergo simple

imprisonment for a period of three month along with a fine

of Rs.1,000/- under Section 338 IPC. All the sentences

were directed to run concurrently.

2. Against the said judgment dated 18.02.2019,

passed by learned Judicial Magistrate Joshimath, District

Chamoli in Criminal Case No. 145 of 2016, a Criminal

Appeal (No.05 of 2019) was filed. The said Appeal has

been dismissed vide judgment dated 11.09.2023, passed

by learned District and Sessions Judge, Chamoli.

3. Mr. Prashant Khanna, Advocate, contended that

the accident occurred due to the steering of the vehicle

being locked and there are material contradictions in the

statements of the prosecution's witnesses.

4. Admit.

5. List on 19.12.2023.

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

2023).

7. Mr. Prashant Khanna, Advocate, contended that

the revisionist, aged about 70 years, was on bail during

the trial and appeal, and, the conditions of bail were never

misused nor violated by him.

8. Considering the facts and circumstances of the

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

Surendra Singh.

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.

___________________ ALOK KUMAR VERMA, J.

Dt: 19.09.2023 Neha