Gopi Alias Govind Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Revisionist – accused Gopi Alias Govind Singh was convicted under Sections 279, 336, 337, 338, 304A of the Indian Penal Code, 1860 (for short, “IPC”) and under Sections 180, 181 and Section 194 of the Motor Vehicles Act, 1988. Against the said judgment dated 07.12.2022, passed by learned Judicial Magistrate, Lansdowne, District Pauri Garhwal, a Criminal Appeal (No.90 of 2022) was filed. The Appellate Court has modified the sentence passed under Section 304A of IPC and dismissed the Appeal awarding one year rigorous imprisonment instead of two years rigorous imprisonment, awarded by the learned Trial Court.

Against the judgment dated 23.06.2023, passed by learned Sessions Judge, Pauri Garhwal, the present Revision has been filed.

Heard Mr. Digvijay Singh Bisht, learned Legal Aid counsel for the revisionist and Mr. Akshay Latwal, learned Brief Holder for the State.

Mr. Digvijay Singh Bisht, learned Legal Aid counsel for the revisionist, has filed a custody certificate dated 22.09.2023, issued by Mr. D.P. Sinha, In-charge Superintendent, District Jail, Pauri Garhwal. As per the said certificate, the revisionist is in custody since 10.07.2023. The said certificate is taken on record.

Mr. Digvijay Singh Bisht, Advocate, submits that the revisionist was not driving the offending vehicle at the time of the incident and the prosecution’s witnesses have also stated that the offending vehicle was driving by the co-convict – Vikram Singh.

Admit.

List on 26.12.2023.

Heard on the Bail Application (IA No.02 of 2023).

Mr. Digvijay Singh Bisht, Advocate, has submitted that the revisionist was on bail during the trial and appeal, and, the conditions of bail were neither violated nor misused by him.

Having considered the submissions of learned counsel for the revisionist and in the facts and circumstances of the case, this Court is of the view that the revisionist deserves bail at this stage.

The Bail Application (IA No.02 of 2023) is allowed.

Let the revisionist – Gopi Alias Govind Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, in the like amount, to the satisfaction of the Court concerned.