Uttarakhand High Court
CRLR/532/2024 on 30 July, 2024
Author: Ravindra Maithani
Bench: Ravindra Maithani
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
CRLR No. 532 of 2024
With
Exemption Application (IA) No.1 of 2024
Hon'ble Ravindra Maithani, J.
Mr. Abhishek Verma, Advocate for the revisionist.
Mr. Virendra Singh Rawat, AGA for the State.
The challenge in this revision is made to the
(i) Judgment and order dated 07.06.2019, passed in Criminal Case No. 1227 of 2018, State Vs. Ravindra Singh Bisht and another, by the court of Judicial Magistrate/3rd Additional Civil Judge (Jr. Div.), Haridwar District Haridwar ("the case"). By it, the revisionist has been convicted under Section 279, 304A, 337, 338 IPC and sentenced thereunder and;
(ii) Judgment and order dated 06.05.2024, passed in Criminal Appeal No. 148 of 2019, Gautam Singh Vs. State of Uttarakhand, by the court of 3rd Additional Sessions Judge, Haridwar, District Haridwar ("the appeal"). By it, the order passed in the case was confirmed in appeal.
Learned counsel for the revisionist would submit that the revisionist did not commit any offence; the driver of the truck hit the deceased in a moving condition; two drivers have been convicted.
Heard.
Admit.
List along with CRLR No.442 of 2024.
Heard on Exemption Application IA No.1 of 2024.
The revisionist seeks exemption from surrendering.
It is submitted that the revisionist has been on bail throughout during trial or in appeal. He would submit that the sentence impugned may be stayed, subject to the conditions that may be imposed by the Court.
In the case of Shubham Singhal Vs. High Court of Uttarakhand, in Writ Petition (M/B) No. 84 of 2023, the Division Bench of this Court has held that application seeking exemption may be entertained without insisting for surrender of the applicant.
In the case of Sanjay Nagyach Vs. State of Madhya Pradesh, 2024 SCC OnLine MP 898, the Hon'ble Madhya Pradesh High Court on an application for exemption to surrender, passed the order and required the applicant in that case to furnish bonds.
Having considered, this Court is of the view that the execution of impugned sentence, shall remain suspended during & until the conclusion of the revision, subject to the revisionist executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
Exemption Application is disposed of accordingly.
(Ravindra Maithani, J.) 30.07.2024 Sanjay