CRLR/691/2023
2023 Latest Caselaw 2886 UK

Citation : 2023 Latest Caselaw 2886 UK
Judgement Date : 27 September, 2023

Uttarakhand High Court

CRLR/691/2023 on 27 September, 2023

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      27.09.2023                        CRLR No.691 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Revisionist-accused Daljeet Singh alias Kakku was convicted and sentenced to undergo simple imprisonment for a period of one month along with a fine of Rs.500/-(Rupees Five Hundred) under Section 352 of the Indian Penal Code, 1860.

2. Against the judgment of conviction and sentence dated 23.09.2022, passed by learned Judicial Magistrate, Khatima, District Udham Singh Nagar, a Criminal Appeal (No.250 of 2022) was filed. The said Appeal has been dismissed vide judgment dated 18.07.2023, passed by learned Additional District and Sessions Judge, Khatima, District Udham Singh Nagar.

3. Heard Mr. Yogesh Pant, learned counsel for the revisionist and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

4. Mr. Yogesh Pant, Advocate contended that there are material contradictions in the statements of the prosecution's witnesses. Therefore, there is substantial doubt about the conviction.

5. Admit.

6. List on 27.12.2023.

7. Heard on Bail Application.

8. Mr. Yogesh Pant, Advocate submits that the revisionist, aged about 62 years, was on bail during the trial and appeal, and, the conditions of bail were neither violated nor misused by him, and he has surrendered before the Trial Court today itself.

9. Mr. Yogesh Pant, Advocate has filed a question-answer sheet, issued by the court of Judicial Magistrate, Khatima, District Udham Singh Nagar. The said paper is taken on record.

10. 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 revisionists deserve bail at this stage.

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

12. Let the revisionist-Daljeet Singh alias Kakku, 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.) 27.09.2023 JKJ/Pant