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Gurumukh Singh vs State Of Uttarakhand

Uttarakhand High Court · Decided on 6 October 2023 · Citation: (2023) 10 UK CK 0022

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 279, 304A
CASE NUMBER
Criminal Revision No. 716 Of 2023
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Judgment

10 paragraphs · 249 words

Alok Kumar Verma, J

1.

Revisionist-accused Gurumukh Singh was convicted and sentenced to undergo simple imprisonment for a period of six months under Section 279 of the Indian Penal Code, 1860 (in short, “IPC”), and, he was further convicted and sentenced to undergo simple imprisonment for a period of two years under Section 304 A IPC.

2.

Against the said judgment dated 02.12.2021, passed by learned Ist Judicial Magistrate, Haldwani, District Nainital in Criminal Case No.1892 of 2017, an appeal was filed. The said Appeal (No.74 of 2021) has been dismissed vide judgment dated 05.09.2023, passed by learned Ist Additional District and Sessions Judge, Nainital.

3.

Mr. Gaurav Singh, Advocate, contended that the case of the revisionist is that he was not driving the offending vehicle at the time of the incident, and, the owner of the offending vehicle (PW9) has not supported the case of the prosecution in his cross-examination.

4.

Admit.

5.

List on 29.12.2023.

6.

Heard on the Bail Application (IA No. 01 of 2023).

7.

Mr. Gaurav Singh, Advocate, contended that the revisionist was on bail during the trial and appeal, and, the conditions of bail were never misused nor violated by him.

8.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the revisionist Gurumukh Singh.

9.

Let the revisionist be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Trial Court.