Uttarakhand High Court
Tej Prakash Jairath vs State Of Uttarakhand Through on 26 November, 2012
Author: Prafulla C. Pant
Bench: Prafulla C. Pant
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application No. 1139 of 2012
Urgency Application No. 5121 of 2012
Delay Condonation Application No. 1443 of 2012
In
CRIMINAL REVISION No. 189 of 2012
Tej Prakash Jairath
S/o Late Sri Om Prakash Jairath
R/o 2 Gandhi Road
P.S. Kotwali, Dehradun
District Dehradun
...................Revisionist (In jail)
Versus
State of Uttarakhand through
Secretary Home, Secretariat,
Dehradun
.......................Respondent
Shri Lokendra Dobhal, Advocate, present for the revisionist.
Shri Amit Kapri, Brief Holder, present for the State.
Hon'ble Prafulla C. Pant, J.
Supplementary affidavit filed on behalf of the revisionist be taken on record. Delay Condonation Application No. 1443 of 2012 for condonation of delay 2 in filing the supplementary affidavit stands allowed.
(2) This is an admitted revision, in the which the lower court record has been received.
(3) Heard on Bail Application No. 1139 of 2012. The trial court (Judicial Magistrate IInd, Dehradun) has convicted the accused (revisionist) Tej Prakash Jairath under section 21 of Indian Telegraphs Act, and sentenced him to fine of ` 40/-. He has been further convicted under section 25 of Indian Telegraphs Act, and sentenced to simple imprisonment for a period of six months and directed to pay fine of ` 2,000/-.
(4) The conviction order passed by Judicial Magistrate, in Criminal Case No. 2853 of 2008, has been affirmed by the Appellate Court (Ist Additional Sessions Judge, Dehradun) in Criminal Appeal No. 33 of 2009, vide impugned order dated 20.09.2012.
(5) Learned counsel for the revisionist submitted that revisionist is in jail for last more than two months, and total imprisonment awarded is six 3 months. It is further submitted that revisionist is a senior citizen. It is contended that if the bail is not allowed, this revision would become infructuous.
(6) In the above circumstances, the bail application no. 1139 of 2012 is allowed. Let accused/revisionist Tej Prakash Jairath be released on bail during the pendency of this revision on executing personal bond, and furnishing two sureties, each of the like amount, to the satisfaction of Judicial Magistrate, IInd, Dehradun. (Urgency Application No. 5121 of 2012 is disposed of).
(7) List this revision for final hearing in due course as the lower court record has already been received.
(Prafulla C. Pant, J.) Dt.26.11.2012 N.P