Kailash Singh And Another ... vs State Of Uttarakhand
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Uttarakhand High Court

Kailash Singh And Another ... vs State Of Uttarakhand on 15 March, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

HIGH COURT OF UTTARAKHAND AT NAINITAL

             Bail Application (IA) No.1 of 2024
                             In
             Criminal Revision No.145 of 2024

Kailash Singh and another                   .............Revisionists

                               Versus

State of Uttarakhand                           ..........Respondent


Present:-
              Mr. Amit Kapri, Advocate for the revisionists.
              Mr. Vipul Painuli, Brief Holder for the State.



Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this revision is made to the

followings:

(1) Judgment and order dated 19.05.2023, passed in

Criminal Case No.1575 of 2017, State vs. Kailash

Singh and others, by the court of Chief Judicial

Magistrate, Pithoragarh ("the case"). By it, the

revisionists have been convicted and sentenced

under Sections 323, 506 IPC and;

(2) Judgment and order dated 17.02.2024, passed in

Criminal Appeal No.25 of 2023, Kailash Singh

and another vs. State of Uttarakhand, by the

court of Sessions Judge, Pithoragarh ("the

appeal). By it, appeal filed by the revisionists has

been dismissed and the judgment and order dated

19.05.2023, passed in the case has been affirmed.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the revisionists would

submit that the prosecution case has not been proved;

the court has summoned the lower court record; few

points require deliberation. According to the FIR, the

injured was abused and stones were pelted on him and a

nearby family saved the injured, but it is not so stated by

the injured in the statement. There are other various

things relating to evidence which has bearing in this

revision.

4. Admit.

5. Lower court record has already been received.

6. List for final hearing on 17.05.2024.

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

8. The revisionists have been convicted and

sentenced in the case. It has been upheld in the appeal.

9. It is argued that the revisionists were on bail

during trial and appeal; they never misused the bail.

10. This revision has been admitted after perusal of

the lower court record.

11. Having considered, this Court is of the view

that it is a case fit for bail and the revisionists deserve to

be enlarged on bail.

12. The bail application is allowed.

13. Let the revisionists be released on bail during

the pendency of the revision, on their executing a

personal bond and furnishing two reliable sureties,

each of the like amount, by each one of them, to the

satisfaction of the court concerned.

(Ravindra Maithani, J.) 15.03.2024 Sanjay