Mohd. Nasir vs State Of Uttarakhand And Another
2024 Latest Caselaw 26 UK

Uttarakhand High Court

Mohd. Nasir vs State Of Uttarakhand And Another on 18 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
                          18th JANUARY, 2024
                  CRIMINAL REVISION NO. 53 of 2024
Mohd. Nasir                                              .....Revisionist

                                  Versus
State of Uttarakhand and Another                          ...Respondents
Counsel for the Revisionist       :   Mr. Vikas Anand,
                                      Advocate.

Counsel for the State             :   Mr. B.C. Joshi,
                                      A.G.A.

Counsel for the Respondent No.2:      Mr. Ankurit Raj David,
                                      Advocate

Hon'ble Alok Kumar Verma,J.

The Delay Condonation Application has not been

opposed by the counsel for respondent no.2. Accordingly, the

Delay Condonation Application (IA/2/2024) is allowed and the

delay of 191 days is condoned.

2. The proposed revisionist - Mohd. Nasir was convicted

and sentenced to undergo six months imprisonment along with a

fine of Rs. 13,00,000/- under Section 138 of the Negotiable

Instruments Act, 1881. Against the said judgment dated

16.01.2023, passed by learned Judicial Magistrate, Kashipur,

District Udham Singh Nagar in Criminal Complaint Case No.1584

of 2019, a Criminal Appeal (Appeal No. 17 of 2023) was filed by

the revisionist. The said Appeal has been dismissed vide judgment

dated 10.04.2023, passed by learned Ist Additional Sessions

Judge, Kashipur, District Udham Singh Nagar.

3. Heard Mr. Vikas Anand, learned counsel for the

revisionist (through video conferencing), Mr. B.C. Joshi, learned

Assistant Government Advocate for the State and Mr. Ankurit Raj

David, learned counsel for respondent no.2-complainant.

4. Admit.

5. Heard on the Bail Application (IA No. 3 of 2024).

6. Mr. Vikas Anand, learned counsel for the revisionist

(through video conferencing) submitted that the revisionist was on

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

were never misused by him.

7. Learned counsel for respondent no.2 has not opposed

the bail application.

8. Considering the facts and circumstances of the case,

this Court is inclined to grant bail to the revisionist-Mohd. Nasir.

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.

10. On the request of the learned counsel for both the

parties, the present matter is referred to National Lok Adalat.

___________________ ALOK KUMAR VERMA, J.

Vacation Court Dated 18.01.2024 SS