Ramendra Singh Rawat vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Proposed Criminal Revision has been filed against the judgment dated 21.08.2023, passed by learned District and Sessions Judge, Tehri Garhwal in Criminal Appeal No.45 of 2022, by which, the Appeal, filed against the judgment dated 30.06.2022, passed by learned Judicial Magistrate, Narendranagar, District Tehri Garhwal in Criminal Case No.64 of 2019, by which, the revisionist-accused Ramendra Singh Rawat was convicted and sentenced to undergo simple imprisonment for a period of three months along with a fine of Rs. 500/-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 one year along with a fine of Rs.1,000/- under Section 304 A IPC, has been dismissed.

Supplementary affidavit, filed by the revisionist, is taken on record.

Mr. Hari Mohan Bhatia, Advocate, contended that to establish an offence under either Section 279 IPC or Section 304 A IPC, rash and negligence must be established, but, prosecution has failed to establish that the death of the deceased was occasioned by either rash and/or negligent driving of the vehicle by the revisionist.

Admit.

Issue notice to respondent no.2.

Steps to be taken within a week.

List on 27.12.2023.

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

Mr. Hari Mohan Bhatia, 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.

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

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.