Shankar Singh Gusain vs State Of Uttarakhand

Alok Kumar Verma, J

Proposed revisionist – accused Shankar Singh Gusain was convicted and sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs.1,000/- for the offence punishable under Section 279 of the Indian Penal Code, 1860 (for short, “IPC”); he was convicted and sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs.500/- for the offence punishable under Section 337 IPC, he was convicted for the offence punishable under Section 338 IPC and he was sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.1,000/-, and, he was further convicted and sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.10,000/- for the offence punishable under Section 304A IPC. All the sentences were directed to run concurrently. Against the said judgment dated 22.06.2018, passed by learned Chief Judicial Magistrate, Pauri Garhwal in Criminal Case No.447 of 2016, “State vs. Shankar Singh Gusain”, a Criminal Appeal was filed by the revisionist. The said Criminal Appeal (No.30 of 2018) has been dismissed vide judgment dated 25.04.2023, passed by learned Sessions Judge, Pauri Garhwal.

Heard Mr. Vinoda Nand Barthwal, learned counsel for the revisionist and Mr. V.S. Rathore, learned AGA with Ms. Sangeeta Bharadwaj, learned Brief Holder for the State.

Admit.

List on 19.10.2023.

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 appeal, 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 – Shankar Singh Gusain 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.