CRLR/369/2022
2023 Latest Caselaw 2848 UK

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                         25th SEPTEMBER, 2023
                 CRIMINAL REVISION NO. 369 of 2022

Between:
Prabhat Gautam                                            .....Revisionist
and
State of Uttarakhand and Another                          ...Respondents

Counsel for the Revisionist       :       Mr. Sanjay Kumar, Advocate.

Counsel for the State             :       Mr. Akshay Latwal, Brief
                                          Holder.
Counsel for respondent no.2/      :       Mr. Pranav Singh, Advocate.
Complainant.

Hon'ble Alok Kumar Verma,J.

Proposed Criminal Revision has been filed against the judgment dated 03.06.2022, passed by learned Ist Additional Sessions Judge, Kashipur, District Udham Singh in Criminal Appeal No. 39 of 2022, by which, the Appeal, filed against the judgment dated 22.12.2021, passed by learned Judicial Magistrate, Kashipur, District Udham Singh Nagar in Complaint Case No. 1644 of 2019, by which, the revisionist-accused was convicted and sentenced to undergo imprisonment for a period of three months along with a fine of Rs. 4,60,000/- under Section 138 of the Negotiable Instruments Act, 1881, has been dismissed.

2. Heard Mr. Sanjay Kumar, learned counsel for the revisionist, Mr. Akshay Latwal, learned Brief Holder for the State and Mr. Pranav Singh, learned counsel for the respondent no.2-complainant.

3. Admit.

4. Heard on Bail Application (IA No. 4 of 2023).

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

6. Having considered the submissions of learned counsel for the revisionist and respondent no.2 and in the facts and circumstances of

the case, this Court is of the view that the revisionist deserves bail at this stage.

7. The Bail Application (IA No.04 of 2023) is allowed.

8. Let the revisionist - Prabhat Gautam 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.

9. At the request of both the parties, present Revision is referred to the National Lok Adalat, scheduled to be held on 07.10.2023.

10. Revisionist and respondent no. 2 are directed to present in- person before the National Lok Adalat.

___________________ ALOK KUMAR VERMA, J.

Dated 25.09.2023 Shiksha/