Tajwar Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Revisionist-accused Tajwar Singh was convicted for the offence under Section 279 of the Indian Penal Code, 1860 (in short, “IPC”) and was sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs. 1,000/-; he was convicted and sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.500/- for the offence under Section 337 IPC; he was convicted and sentenced to undergo simple imprisonment for a period of one year along with a fine of Rs. 1,000/- for the offence under Section 338 IPC, and, he was further convicted and sentenced to undergo simple imprisonment for a period of two years along with a fine of Rs.1,000/- for the offence under Section 304 A IPC. All the sentences were directed to run concurrently.

Against the said judgment dated 27.02.2023, passed by learned Judicial Magistrate, Lansdowne, District Pauri Garhwal in Criminal Case No. 13 of 2019, a Criminal Appeal (No.16 of 2023) was filed. The said Appeal has been dismissed vide judgment dated 21.07.2023, passed by learned Sessions Judge, Pauri Garhwal.

Mr. D.C.S. Rawat, Advocate, contended that there are material contradictions in the statements of the prosecution’s witnesses. Therefore, there are substantial doubts about the conviction.

Admit.

List on 07.12.2023.

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

Mr. D.C.S. Rawat, Advocate, has submitted that the revisionist was on bail during the trial and appeal, and, the conditions of bail were neither misused nor violated by him.

In the facts and circumstances of the case, this Court is inclined to grant bail to the revisionist Tajwar 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.