Surendra Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Proposed revisionist-accused Surendra Singh was convicted and sentenced to undergo simple imprisonment for a period of three month along with a fine of Rs. 1,000/- under Section 279 of the Indian Penal Code, 1860 (in short, “IPC”); he was convicted and sentenced to undergo simple imprisonment for a period of six month along with a fine of Rs.5,000/- under Section 304 A IPC; he was convicted under Section 337 IPC and was sentenced to undergo simple imprisonment for a period of three month along with a fine of Rs.500/-, and, he was further convicted and sentenced to undergo simple imprisonment for a period of three month along with a fine of Rs.1,000/- under Section 338 IPC. All the sentences were directed to run concurrently.

Against the said judgment dated 18.02.2019, passed by learned Judicial Magistrate Joshimath, District Chamoli in Criminal Case No. 145 of 2016, a Criminal Appeal (No.05 of 2019) was filed. The said Appeal has been dismissed vide judgment dated 11.09.2023, passed by learned District and Sessions Judge, Chamoli.

Mr. Prashant Khanna, Advocate, contended that the accident occurred due to the steering of the vehicle being locked and there are material contradictions in the statements of the prosecution’s witnesses.

Admit.

List on 19.12.2023.

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

Mr. Prashant Khanna, Advocate, contended that the revisionist, aged about 70 years, 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 Surendra Singh.

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.