Maharban And Others ... vs State Of Uttarakhand
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Uttarakhand High Court

Maharban And Others ... vs State Of Uttarakhand on 7 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL

            Bail Application (IA) No.02 of 2025
                             In
             Criminal Appeal No. 131 of 2025

Maharban and others                 ........Appellants/Applicants

                                     Vs.

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

Present : Mr. Abhishek Verma, Advocate for the appellants/applicants.
          Mr. Virendra Singh Rawat, AGA for the State.



                           With
            Bail Application (IA) No.02 of 2025
                             In
             Criminal Appeal No. 132 of 2025

Kurban                                     ........Appellant/Applicant

                                     Vs.

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

Present : Mr. Abhishek Verma, Advocate for the appellant/applicant.
          Mr. Virendra Singh Rawat, AGA for the State.


Hon'ble Ravindra Maithani, J. (Oral)

Since common question of facts involved in

both these criminal appeals, they are heard together.

2. Both these appeals are preferred against the

judgment and order dated 05.02.2025, recorded in

Sessions Trial No.111 of 2023, State vs. Meharban and

others, by the court of 2nd Additional District and

Sessions Judge, Haridwar and Sessions Trial No.30 of

2023, State vs. Kurban, by the court of 2nd Additional

District and Sessions Judge, Haridwar respectively. By

the impugned judgments and orders, the appellants

Meharban, Faijaan, Najeem and Kurban have been

convicted and sentenced under Section 323 IPC.

3. Admit.

4. Learned counsel for the appellants would

submit that the parties have amicably settled the dispute;

they have also filed the compounding applications; the

parties could not join the proceedings today, therefore, an

adjournment is sought.

5. List on 27.03.2025.

6. Heard on Bail Application (IA) Nos.02 of 2025

and 02 of 2025.

7. The appellants are convicted for the offence

under Section 323 IPC and have been sentenced to

undergo six months simple imprisonment with a fine of

Rs.500/- and in default of payment of fine, to undergo

additional simple imprisonment for a period of ten days.

8. It is argued that the appellants have been on

bail during trial; they have amicably settled the dispute;

now, they have filed the compounding applications.

9. Having considered, this Court is of the view

that these are the cases in which the execution of

sentence should be suspended and the

applicants/appellants be enlarged on bail.

10. The bail applications are allowed.

11. The execution of sentence, which is under

challenge in these appeals, shall remain suspended

during the pendency of these appeals.

12. Let the applicants/appellants be released on

bail, during pendency of the appeals 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.) 07.03.2025 Sanjay