Shashi Bala vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Proposed Revisionist – accused was convicted vide judgment dated 09.10.2018, passed by learned Judicial Magistrate/ Ist Additional Civil Judge (Junior Division), Udham Singh Nagar in Complaint Case No.1105 of 2015 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and, was sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.02,20,000/-. Against the said judgment, a Criminal Appeal (No.224 of 2018) was filed. The said Appeal has been dismissed vide judgment dated 13.02.2023, passed by learned IIIrd Additional District and Sessions Judge, Udham Singh Nagar.

Heard Mr. Vikas Anand, learned counsel for revisionist and Mr. V.K. Gemini, learned Deputy Advocate General for the State.

Admit.

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

List on 11.09.2023.

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

Learned counsel for the revisionist has submitted that there are substantial doubt about the conviction, and, the revisionist was on bail during the trial and appeal and the conditions of bail were neither misused nor violated by her.

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 – Smt. Shashi Bala 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 Court concerned.