Gulzar vs State Of Uttarakhand
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Uttarakhand High Court

Gulzar vs State Of Uttarakhand on 24 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

             Criminal Appeal No. 799 of 2024
                             With
     IA No.1 of 2022 For Bail And Suspension of Sentence
      IA No.2 of 2025 For Delay Condonation Application


Gulzar                                          ...... Appellant

                                 Vs.

State of Uttarakhand                           ..... Respondent


Present:
Mr. Mohd. Safdar, Advocate for the appellant.
Ms. Manisha Rana Singh, D.A.G. for the State of Uttarakhand.



Hon'ble Ravindra Maithani, J. (Oral)

The instant revision has been preferred

against judgment and order dated 09.10.2024, passed in

Sessions Trial No.13 of 2021, State Vs. Gulzar and

Another, by the court of 3rd Additional Sessions Judge,

Haridwar. By it, the appellant has been convicted under

Sections 326 read with Section 34, 323 read with

Section 34, 506 read with Section 34 IPC and sentenced

as hereunder:-

(i) Under Section 325 read with Section

34 IPC, 4 years' rigorous

imprisonment with a fine of Rs.

30,000/-. In default of payment of

fine, to undergo rigorous

imprisonment for a further period of

six months.

(ii) Under Section 323 read with Section

34 IPC, 3 months' rigorous

imprisonment with a fine of Rs.

1,000/-. In default of payment of

fine, to undergo rigorous

imprisonment for a further period of

15 days.

(iii) Under Section 506 read with Section

34 IPC, 1 year's rigorous

imprisonment with a fine of Rs.

2,000/-. In default of payment of

fine, to undergo rigorous

imprisonment for a further period of

one month.

2. Heard on the Delay Condonation

Application, IA No.2 of 2025.

3. Having considered, the delay in filing the

appeal is condoned.

4. The delay condonation application is

allowed.

5. Heard on Admission.

6. It is argued by learned counsel for the

appellant that co-convict's appeal being CRLA No.657 of

2024 has already been admitted and co-convict has

already been granted bail. The role is similar.

7. Admit.

8. Call for the LCR.

9. Once LCR is received, let paper book be

provided to learned counsel for the parties, as per rules.

10. List this matter along with CRLA No.657 of

2024 for final hearing.

11. Heard on Bail Application (IA) No.1 of 2022.

12. It is admitted that the co-convict, having

similar role, has already been granted bail in the appeal.

13. Having considered, this Court is of the view

that it is a case in which the execution of sentence

should be suspended and the appellant be enlarged on

bail.

14. The bail application is allowed.

15. The sentence appealed against is suspended

during the pendency of the appeal.

16. The appellant be released on bail during the

pendency of the appeal on his executing a personal bond

and furnishing two reliable sureties, each of the like

amount, to the satisfaction of the court concerned.

(Ravindra Maithani, J.) 24.03.2025 Ravi Bisht