Uttarakhand High Court
Kuldeep Lakhera And Another ... vs State Of Uttarakhand on 5 June, 2024
Author: Ravindra Maithani
Bench: Ravindra Maithani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 314 of 2024
With
IA No.1 of 2024 for Bail Application
Kuldeep Lakhera and another ......Revisionists
Vs.
State of Uttarakhand ....Respondent
Present:
Mr. Mukush Kumar Kaparuwan, Advocate for the revisionists.
Mr. Vipul Painuly, Brief Holder for the State.
Mr. Navnish Negi, Advocate for the informant through video
conferencing.
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this revision is made to the
following:-
1. Judgment and order dated 14.06.2023 passed
in Criminal Case No.156 of 2020, State of
Uttarakhand vs. Kuldeep Lakhera & another, by
the court of Judicial Magistrate, 1st Class, Kotdwar,
District Pauri Garhwal ("the case"). By it, the
revisionist has been convicted under Sections 323,
427, 504 & 506 IPC and sentenced as hereunder:-
(i) Under Section 323 IPC- to undergo simple
imprisonment for a period of three months
along with a fine of Rs.500/-;
(ii) Under Section 427 IPC- to undergo simple
imprisonment for a period of three months
along with a fine of Rs.500/-.
(iii) Under Section 504 IPC- to undergo simple
imprisonment for a period of three months
along with a fine of Rs.500/-.
(iv) Under Section 506 IPC- to undergo simple
imprisonment for a period of three months
along with a fine of Rs.500/-.
2. Judgment and order dated 09.02.2024 passed
in Criminal Appeal No.15 of 2023, Kuldeep
Lakhera and another vs. State of Uttarakhand, by
the court of Additional Session Judge, Kotdwar,
District Pauri Garhwal, whereby, the appeal has
been dismissed and the judgment and order
passed in the case was affirmed.
2. Learned counsel for the revisionist would submit
that the impugned judgments are bad in the eyes of law. The
FIR in the instant case is much delayed. There are
contradictions in the statements of the witnesses with
regard to source of light. In fact, the witnesses had no
occasion to see the alleged incident. The place of incident is
not established and the finding is not based on admissible
evidence.
3. Having considered, this Court is of the view that
this matter requires deliberation.
4. Admit the revision.
5. Call the LCR.
6. List for final hearing on 09.08.2024.
7. Heard on Bail Application No. 1 of 2024.
8. The challenge in this revision is made to the
conviction and sentence of the revisionist under Sections
323, 427, 504 & 506 IPC recorded in Criminal Case No.156
of 2020 by the court of Judicial Magistrate, 1st Class,
Kotdwar, District Pauri Garhwal, which has been affirmed
in Criminal Appeal No.15 of 2023 by the court of Additional
Session Judge, Kotdwar, District Pauri Garhwal.
9. Learned counsel for the revisionist would submit
that the revisionist has been on bail throughout during trial
and in appeal.
10. Having considered, this Court is of the view that
the revisionist is entitled to bail. Accordingly, the bail
application deserves to be allowed.
11. The bail application is allowed.
12. The execution of sentence challenged against shall
remain suspended during and until the conclusion of the
revision.
13. 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.)
05.06.2024
Ravi
