Mumtyaj And Others ......Appellants vs State Of Uttarakhand
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Uttarakhand High Court

Mumtyaj And Others ......Appellants vs State Of Uttarakhand on 5 May, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL
                   Bail Application No. 01 of 2025
                                  In
                   Criminal Appeal No.219 of 2025

Mumtyaj and others                                    ......Appellants

                                 Versus


State of Uttarakhand                           ....Respondent

Present:
           Mr. Vikas Kumar Guglani, Advocate for the appellants.
           Ms. Manisha Rana Singh, D.A.G. for the State.


Hon'ble Ravindra Maithani, J.(Oral)

Instant appeal is preferred against the judgment and

order dated 12.03.2025, passed in Special Sessions Trial No. 863 of

2018, State of Uttarakhand Vs. Mumtyaj and another and in Special

Sessions Trial No. 766 of 2018, State of Uttarakhand Vs. Riyasat

Hussain and others , by the court of Special Sessions Judge, Udham

Singh Nagar. By it, the appellants have been convicted under Section

323, read with 149 IPC, 308 read with 149 IPC, 147, 148 IPC and

sentenced as hereunder:-

(i) Under Section 323 read with 149 IPC: to undergo

rigorous imprisonment for a period of six months.

(ii) Under Section 308 read with 149 IPC: to undergo

rigorous imprisonment for a period of three years

with a fine of Rs.3000/- In default of payment of

fine, to undergo simple imprisonment for a period

of one month.

(iii) Under Section 147 IPC:- to undergo rigorous

imprisonment for a period of six months.

(iv) Under Section 148 IPC:- to undergo rigorous

imprisonment for a period of one year with a fine of

Rs.1000/-. In default of payment of fine to undergo

simple imprisonment for a further period of 15

days.

The appellants seek bail in this appeal.

2. Heard learned counsel for the parties and perused the

record.

3. Admit.

4. LCR has already been received.

5. Let paper book be prepared and provided to learned

counsel for the parties, as per Rules.

6. List in due course.

Heard on Bail Application No. 1 of 2025

7. Learned counsel for the appellants would submit that the

appellants were in interim bail. They were on bail during trial. The

allegations are general in nature. There are cross cases.

8. Learned State counsel would submit that factual

narrations have not been denied. But she would submit that

witnesses have supported the prosecution case.

9 Having considered, without adverting much on merits,

this Court is of the view it is a case in which the execution of sentence

should be suspended and the appellants be enlarged on bail.

9. The bail application is allowed.

10. The sentence appealed against is suspended during the

pendency of the appeal.

11. The appellants be released on bail, during the pendency

of the appeal, on their executing a personal bond and furnishing two

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

satisfaction of the court concerned.

(Ravindra Maithani, J.) 05.05.2025 Jitendra