Mahaveer Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Revisionist – accused Mahaveer Singh was convicted by learned Trial Court for the offence under Section 279 and Section 304 A of the Indian Penal Code, 1860 (for short, ‘IPC’). He was sentenced to undergo simple imprisonment for a period of three months along with a fine of Rs.500/- for the offence under Section 279 IPC. He was sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs.1,000/- for the offence under Section 304A IPC. Both the offences have been directed to run concurrently. Revisionist had filed a Criminal Appeal (No.16 of 2022) against the said judgment dated 07.03.2022, passed by learned Additional Chief Judicial Magistrate, Nainital in Criminal Case No.2811 of 2016. The said Criminal Appeal has been dismissed vide impugned judgment dated 10.05.2023.

Heard Mr. Prem Kaushal, learned counsel for the revisionist and Ms. Manisha Rana Singh, learned AGA with Mr. P.S. Uniyal and Ms. Shivali Joshi, learned Brief Holders for the State.

Admit.

Issue notice to the respondent no.2. Steps to be taken within a week.

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

Learned counsel for the revisionist has submitted that revisionist was on bail during the trial and the conditions of bail were neither violated nor misused by him.

Having considered the submissions of learned counsel for both the parties 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.01 of 2023) is allowed.

Let the revisionist – Mahaveer Singh 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 Court concerned.

List on 20.10.2023.