Krishna Devi vs State Of Uttarakhand

Alok Kumar Verma, J

Revisionist-accused Smt. Krishna Devi was convicted and sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs. 500/- for the offence under Section 452 of the Indian Penal Code, 1860 (in short, “IPC”); she was convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.500/- for the offence under Section 323 IPC; she was convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs. 500/- for the offence under Section 504 IPC, and, she was further convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.500/- for the offence under Section 506 IPC. All the sentences were directed to run concurrently.

Against the said judgment dated 09.02.2016, passed by learned Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 174 of 2012, a Criminal Appeal (No.35 of 2016) was filed. The sentence, passed by learned Trial Court, has been modified by learned Appellate Court by passing judgment on 08.08.2022. Revisionist has been sentenced to undergo rigorous imprisonment for a period of six-six months along with fine for each of the offences under Sections 452, 323, 504 and 506 IPC.

Present Revision has been filed along with an Application under Section 5 of the Limitation Act, 1963 to condone the delay of 262 days’ in preferring the Revision. The said application has not been opposed by the State.

In the interest of justice, Delay Condonation Application (IA No.01 of 2023) is allowed. The delay is condoned.

Mr. Shariq Khurshid, Advocate, contended that the judgment passed by both the Courts are against the facts and circumstances of the case and there are material contradictions in the statements of the prosecution’s witnesses.

Admit.

List on 02.12.2023.

Heard on the Bail Application (IA No. 2 of 2023).

It is submitted by Mr. Shariq Khurshid, Advocate, that the revisionist, aged about 72 years, was on bail during the trial and appeal, and, the conditions of bail were neither misused nor violated by her.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the revisionist Smt. Krishna Devi.

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