Uttarakhand High Court
Ravindra Singh Bisht vs State Of Uttarakhand on 1 July, 2024
Author: Ravindra Maithani
Bench: Ravindra Maithani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 442 of 2024
With
IA No.1 of 2024 for Bail Application
Ravindra Singh Bisht ......Revisionist
Vs.
State of Uttarakhand ....Respondent
Present:
Mr. Prashant Khanna, Advocate for the revisionist.
Mr. M.A. Khan, A.G.A. for the State.
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this revision is made to the
following:-
(i) Judgment and order dated 07.06.2019,
passed in Criminal Case No. 1227 of 2018,
State Vs. Ravindra Singh Bisht and Another,
by the court of Judicial Magistrate/III
Additional Civil Judge, Haridwar ("the case").
By it, the revisionist has been convicted
under Sections 279, 304-A, 337 and 338 IPC
and sentenced as hereunder:-
(a) Under Section 279 IPC, to undergo
three months' imprisonment along
with a fine of Rs. 200/-.
(b) Under Section 304-A IPC, to
undergo one year's imprisonment
along with a fine of Rs. 1000/-.
(c) Under Section 337 IPC, to undergo
three months' imprisonment along
with a fine of Rs. 200/-.
(d) Under Section 338 IPC, to undergo
six months' imprisonment along
with a fine of Rs. 500/-.
In default of payment of fine, to
undergo simple imprisonment for a
period of one month.
(ii) Judgment and order dated 06.05.2024,
passed in Criminal Appeal No. 148 of 2019,
Ravindra Singh Bisht Vs. State, by the court
of III Additional Sessions Judge, Haridwar
("the appeal"). By it, the conviction and
sentence of the revisionist, as recorded by the
trial court, has been confirmed.
2. Heard learned counsel for the parties and
perused the record.
3. With regard to an incident, two drivers have been
convicted.
4. Learned counsel for the revisionist would submit
that the revisionist did not commit any offence; the driver of
the truck hit the deceased in a moving condition.
5. Two drivers have been convicted.
6. Having considered, this Court is of the view that
this matter requires deliberations.
7. Admit.
8. Call for the LCR.
9. List this matter for final hearing on 23.09.2024.
Heard on Bail Application No. 1 of 2024
10. The challenge in this revision is made to
judgment and order dated 07.06.2019, passed in Criminal
Case No. 1227 of 2018, State Vs. Ravindra Singh Bisht and
Another, by the court of Judicial Magistrate/III Additional
Civil Judge, Haridwar. By it, the revisionist has been
convicted under Sections 279, 304-A, 337 and 338 IPC and
sentenced, as mentioned hereinabove. The challenge has
also been made to the judgment and order dated
06.05.2024, passed in Criminal Appeal No. 148 of 2019,
Ravindra Singh Bisht Vs. State, by the court of III
Additional Sessions Judge, Haridwar ("the appeal"). By it,
the conviction and sentence of the revisionist, as recorded
by the trial court, has been confirmed.
11. Learned counsel for the revisionist would submit
that the revisionist has been on bail throughout during trial
or in appeal.
12. The revision has already been admitted.
13. Having considered, this Court is of the view that
the revisionist is entitled to bail. Accordingly, the bail
application deserves to be allowed.
14. The bail application is allowed.
15. The execution of impugned sentence shall remain
suspended during and until the conclusion of the revision.
16. Let the revisionist be released on bail, during the
pendency of this revision, on his executing a personal bond
and furnishing two reliable sureties, each of the like
amount, to the satisfaction of the Court concerned and also
subject to the deposition of fine.
(Ravindra Maithani,J.)
01.07.2024
Ravi Bisht
