Kuwar Singh vs State Of Uttarakhand
2024 Latest Caselaw 11 UK

Uttarakhand High Court

Kuwar Singh vs State Of Uttarakhand on 10 January, 2024

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                         10th JANUARY, 2024
                  CRIMINAL REVISION NO. 11 of 2024
Kuwar Singh                                          .....Revisionist

                               Versus
State of Uttarakhand                                  ...Respondent
Counsel for the Revisionist    :      Mrs. Neetu Singh,
                                      Advocate.

Counsel for the State          :      Mr. Sandeep Sharma, Brief
                                      Holder.

Hon'ble Alok Kumar Verma,J.

The revisionist-Kuwar Singh was convicted and

sentenced to undergo rigorous imprisonment for a period of six

months 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 rigorous imprisonment for a period of six

months along with a fine of Rs. 500/- under Section 337 IPC; he

was convicted and sentenced to undergo rigorous imprisonment

for a period of six months along with a fine of Rs. 1,000/- under

Section 338 IPC; and, he was further convicted and sentenced to

undergo rigorous imprisonment for a period of two years along

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

sentences were directed to run concurrently. Against the said

judgment dated 07.05.2018, passed by learned IIIrd Judicial

Magistrate, Haridwar in Criminal Case No. 1489 of 2017, a

Criminal Appeal (Appeal No. 102 of 2018) was filed. The said

Appeal has been dismissed vide judgment dated 29.11.2023,

passed by learned Ist Additional District and Sessions Judge,

Haridwar.

2. Heard Mrs. Neetu Singh, learned counsel for the

revisionist and Mr. Sandeep Sharma, learned Brief Holder for the

State.

3. Mrs. Neetu Singh, Advocate, contended that there are

several material contradictions in the statements of the

prosecution's witnesses.

4. Admit.

5. List on 07.05.2024.

6. Heard on the Bail Application (IA No. 1 of 2024).

7. Mrs. Neetu Singh, learned counsel for the revisionist

submits that the revisionist, aged about 62 years, was on bail

during the trial and the appeal, and, the conditions of bail were

never misused by him.

8. Learned counsel for the State has opposed the bail

application.

9. Considering the facts and circumstances of the case,

this Court is inclined to grant bail to the revisionist-Kuwar Singh.

10. 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.

Dated 10.01.2024 Shiksha/