Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 436 of 2025
Jabir
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Ms. Pushpa Joshi, Senior Advocate assisted by Ms. Nipush Mola Joshi, Advocate for the applicant. Mr. Pramod Tiwari, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral)
Applicant has been convicted in Criminal Case No.900 of 2022, State Vs. Jabir, by the court of Additional Chief Judicial Magistrate/Additional Senior Civil Judge, Roorkee, District Haridwar, recorded on 05.12.2023 under Sections 420, 467, 468, 471 IPC and sentenced as follows:- (a) Under Section 420 IPC- Simple imprisonment for a period of 2 years and a fine of Rs. 5,000/-. In default of payment of fine, to undergo additional imprisonment for a period of two months. (b) Under Section 467 IPC- Simple imprisonment for a period of 5 years and a fine of Rs. 7,000/-. In default of payment of fine, to undergo additional imprisonment for a period of three months. (c) Under Section 468 IPC- Simple imprisonment for a period of 2 years and a fine of Rs. 2,000/-. In default of
2 payment of fine, to undergo additional imprisonment for a period of a month. (d) Under Section 471 IPC- Simple imprisonment for a period of 6 months and a fine of Rs. 1,000/-. In default of payment of fine, to undergo additional imprisonment for a period of 15 days. He preferred Criminal Appeal No. 61 of 2023, Jabir Vs. State of Uttarakhand (“the appeal”), in the court of 1st Additional Sessions Judge, Roorkee, District Haridwar. He moved a bail application in the appeal, which has been rejected. 2. Heard learned counsel for the parties and perused. 3. Learned Senior Counsel appearing for the applicant would submit that the applicant has already undergone more than half of the sentence imposed on him. 4. This fact is admitted by learned State Counsel. 5. Having considered, this Court is of the view that it is a case in which the execution of sentence should be suspended and the applicant be enlarged on bail. 6. The bail application is allowed. 7. The sentence appealed against is suspended during the pendency of the appeal. 3
8. The applicant be released on bail during the pendency of the appeal on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
(Ravindra Maithani, J)
14.05.2025 Ravi Bisht