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Tanuja Joshi Alias Tanuja Punetha vs State Of Uttarakhand

Uttarakhand High Court · Decided on 18 September 2023 · Citation: (2023) 09 UK CK 0060

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 420
CASE NUMBER
Criminal Revision No. 607 Of 2023, Bail Application No.1 Of 2023
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Judgment

13 paragraphs · 329 words

Alok Kumar Verma, J

1.

Proposed Revision has been filed against the judgment dated 16.08.2023, passed by learned Sessions Judge, Pithoragarh in Criminal Appeal No. 31 of 2023, by which, the Appeal, filed against the judgment dated 19.06.2023, passed by learned Chief Judicial Magistrate, Pithoragarh in Criminal Case No. 127 of 2022, by which, revisionist was convicted and sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs. 95,000/- under Section 420 of the Indian Penal Code, 1860 (in short, “IPC”), and, she was further convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs. 5,000/- under Section 120B IPC, has been dismissed.

2.

Heard Mr. V.B.S. Negi, learned Senior Advocate assisted by Mr. Amit Kapri, learned counsel for the revisionist and Mr. M.A. Khan, learned A.G.A. for the State.

3.

Learned Senior Advocate contended that there are certain material contradictions in the statements of the prosecution’s witnesses, therefore, there are substantial doubt about the conviction.

4.

Admit.

5.

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

6.

Mr. V.B.S. Negi, learned Senior Advocate contended that the revisionist is in judicial custody since 22.11.2021 and she is a permanent resident of District Pithoragarh, therefore, there is no chance of her absconding.

7.

Learned counsel for the State has opposed the bail application.

8.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the revisionist-Smt. Tanuja Joshi alias Tanuja Punetha.

9.

Let the revisionist 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 Trial Court on the following conditions:-

(i) Revisionist shall maintain peace and tranquility during the pendency of the Revision.

(ii) Revisionist shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

10.

List on 18.12.2023.