Jarnail Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Revisionist-accused Jarnail Singh was convicted and sentenced to undergo rigorous imprisonment for a period of three months along with a fine of Rs. 500/- for the offence under Section 279 of the Indian Penal Code, 1860 (in short, “IPC”); he was convicted and sentenced to undergo rigorous imprisonment for a period of one year and six months along with a fine of Rs. 9,000/- for the offence punishable under Section 304A IPC, and, he was further convicted under Section 337 IPC and was sentenced to undergo rigorous imprisonment for a period of three months along with a fine of Rs. 500/-. All the sentences were directed to run concurrently. Against the judgment dated 18.01.2020, passed by learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar in Criminal Case No. 1968 of 2011, a Criminal Appeal (No. 38 of 2020) was filed. The said Appeal has been dismissed vide judgment dated 14.07.2023, passed by learned IInd Additional Sessions Judge, Udham Singh Nagar.

Heard Mr. Sandeep Kothari, learned counsel for the revisionist and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Learned counsel for the revisionist contended that the prosecution has failed to prove the necessary ingredients of Section 304A IPC. Therefore, there are substantial doubts about conviction.

Admit.

List on 05.12.2023.

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

Learned counsel for the revisionist submitted that the revisionist was on bail during the trial and appeal and the conditions of bail were never misused by him.

Learned counsel for the State has opposed the bail application.

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

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.