Hemchandra Pandey vs State Of Uttarakhand And Another
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Uttarakhand High Court

Hemchandra Pandey vs State Of Uttarakhand And Another 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. 833 of 2023


Hemchandra Pandey                                     .....Revisionist


                            Versus


State of Uttarakhand and Another                      ...Respondents

Counsel for the Revisionist :         Mr. Prabhakar Joshi, Advocate.
Counsel for the respondent :          Ms. Abhilasha Tomar, Advocate,
no.2                                  holding brief of Mr. Sandeep
                                      Kothari, Advocate.

Hon'ble Alok Kumar Verma,J.

Proposed Revisionist - accused was convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.5,92,000/- vide judgment dated 14.02.2020, passed by learned Judicial Magistrate, Rishikesh, District Dehradun in Criminal Complaint No.661 of 2017. Against the said judgment, an Appeal (Criminal Appeal No.79 of 2020) was filed. The said Appeal has been dismissed vide judgment dated 20.10.2022, passed by learned IInd Additional District Judge, Rishikesh, Dehradun.

2. Heard Mr. Prabhakar Joshi, learned counsel for the proposed revisionist and Ms. Abhilasha Tomar, learned counsel holding brief of Mr. Sandeep Kothari, learned counsel for the respondent no.2 - complainant.

3. Admit.

4. Mr. Prabhakar Joshi, Advocate, submits that the revisionist was on bail during the trial and the appeal, and, the conditions of bail were never misused by him.

5. The bail application has not been opposed by the respondent no.2.

6. 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 revisionist deserves bail at this stage.

7. The Bail Application (IA No.02 of 2023) is allowed.

8. Let the revisionist - Hemchandra Pandey 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. On the request of both the parties, the present matter is referred to the National Lok Adalat.

10. Let a certified copy of this order be provided to the learned counsel for the revisionist, within twenty four hours, on payment of usual charges.

___________________ ALOK KUMAR VERMA, J.

Dated 10.01.2024 Pant/