Uttarakhand High Court
CRLR/831/2024 on 5 June, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
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05.06.2025 CRLR No.831 of 2024
Hon'ble Vivek Bharti Sharma, J.
Ms. Sheetal Selwal, learned counsel for the
revisionists.
2. Mr. Akshay Latwal, learned Assistant
Government Advocate for the State.
3. Present criminal revision is preferred against
the judgment and order dated 01.10.2022 passed by
learned Judicial Magistrate, Tanakpur, District
Champawat in Criminal Case No.198 of 2022
(Case Crime No.10 of 2016), "State Vs. Shakir and
Others" under Sections 457, 380 & 411 of IPC,
Police Station Banbassa, District Champawat
whereby the revisionists have been acquitted under
Sections 457 and 380 of IPC, however, they have
been convicted under Section 411 of IPC and
sentenced each one of them to undergo two years
of simple imprisonment along with fine of ₹1,000/-
and in default of payment of fine to undergo ten
days additional simple imprisonment as well as
against the judgment and order dated 25.10.2024
passed by the learned Sessions Judge, Champawat
in Criminal Appeal No.20 of 2022, "Shakir and
Others Vs. State" whereby the appeal of the
revisionists has been dismissed affirming judgment
and order dated 01.10.2022 passed by learned
Judicial Magistrate, Tanakpur, District Champawat.
4. Learned counsel for the revisionists/convicts
would submit that judgment and orders of the
Courts below suffer from perversity; that, the
impugned judgment and orders of the Courts below
are incorrect, improper and illegal and thus,
deserve to be set-aside.
5. Admit the revision.
6. Heard on the bail application.
7. Learned counsel for the revisionists/convicts
would submit that the revisionists/ convicts were
on bail during the trial as well as during pendency
of the appeal before the Sessions Court but they
never misused the liberty of bail given to them;
that, the co-convict has been granted bail by the
Co-ordinate Bench of this Court; that if the
revisionists/convicts are enlarged on bail by this
Court they will abide by the conditions imposed
upon them by this Court; that, the revisionists
/convicts may be released on bail as the revision
may take considerable time for its conclusion due
to heavy pendency of cases.
8. Per contra, Counsel for the State opposed the
bail application, however, admitted that factual
position is not disputed.
9. Having considered the entirety of the facts
and without expressing any final opinion on the
merits of the case, the revisionists/convicts are
admitted to bail.
10. Let the revisionists/convicts be released on
bail, during the pendency of present criminal
revision, on furnishing bail bond with two sureties
in the amount of ₹40,000/- by each one of them and
personal bonds of the like amount to the
satisfaction of the learned Trial Court.
11. Bail application (IA/1/2024) stands disposed
of accordingly.
12. List this case in due course.
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(Vivek Bharti Sharma, J.)
05.06.2025
SS
