CRLR/47/2025
2025 Latest Caselaw 3167 UK

Uttarakhand High Court

CRLR/47/2025 on 23 June, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  IA/2/2025 (Bail Application)
                                  in
                                  CRLR No.47 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Aditya Singh and Ms. Sheetal Selwal, learned counsel for the revisionist/applicant.

2. Mr. S.S. Chauhan, learned D.A.G. with Mr. Vikas Uniyal, learned Brief Holder for the State of Uttarakhand.

3. Delay in filing the counter affidavit/ objection is condoned. Counter affidavit/ objection filed by the State is taken on record. Delay condonation application (IA/4/2025) made therefor, is allowed.

4. The instant revision has been filed by the revisionist against the judgment and order dated 22.01.2025 passed by learned Sessions Judge, Champawat in Criminal Appeal No.34 of 2024 Shivdhani Vs. State of Uttarakhand, whereby, the appeal preferred by the revisionist was dismissed and judgment and order dated 12.09.2024 passed by learned Chief Judicial Magistrate, District Champawat, in Criminal Case No.1046 of 2024, was affirmed, by which the revisionist was convicted and sentenced as under:-

                                    S.   Conviction      Sentence              Fine
                                   No.
                                   1.    419/120B IPC    03 years' S.I.        --
                                   2.    420/120B IPC    05 years' S.I.        Rs.5,000/-
                                   3.    468/120B IPC    05 years' S.I.        Rs.5,000/-
                                   4.    471/120B IPC    03 years' S.I.        Rs.5,000/-

Aforesaid sentences were directed to run concurrently and in default of the payment of fine, further 60 days' additional simple imprisonment was imposed upon him.

5. Learned counsel for revisionist/applicant

would press the bail application (IA/2/2025) in instant revision.

6. It is contended by learned counsel for the revisionist/applicant that the revisionist/ applicant is under incarceration for a period of more than 331 days, whereas, he has been convicted for a period of maximum five years.

7. It is further contended by the learned counsel for the revisionist/applicant that the revisionist/applicant has been falsely implicated and has wrongly been convicted by the learned Trial Court and further by the learned Appellate Court.

8. Per contra, learned State Counsel has supported the judgment and order passed by learned Trial Court as well as by the learned Appellate Court. It is contended by learned State Counsel that the conviction was based upon the FSL Report and witnesses, who also had deposed against the revisionist/applicant.

9. Having heard the rival submissions made by learned counsel for the parties and having gone through the impugned judgments and orders, this Court is of the view that at present the revisionist-applicant is entitled to be released on bail.

10. Accordingly, the bail application (IA/2/ 2025) is allowed. Let the revisionist/applicant- Shivdhani, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Magistrate concerned.

11. Put up for final hearing on 29.08.2025.

(Pankaj Purohit, J.) 23.06.2025 PN