Samresh vs State Of Uttarakhand on 4 April, 2025

Uttarakhand High Court

Samresh vs State Of Uttarakhand on 4 April, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

 HIGH COURT OF UTTARAKHAND AT NAINITAL
                 IA No. 1 of 2025 (Bail Application)
                                 In
                Criminal Jail Appeal No. 151 of 2023

 Samresh                                                ........Appellant

                                  Versus

 State of Uttarakhand                       ........Respondent

 Present:-
        Mr. Prince Chauhan, Amicus Curiae and Mr. Vikas Anand, Advocate for
        the appellant.
        Ms. Manisha Rana Singh, Deputy Advocate General for the State.

 Hon'ble Ravindra Maithani, J.

Instant criminal jail appeal is preferred against the

judgment and order dated 23.08.2023, passed in Special Sessions

Trial No. 100 of 2014, State v. Saadan (Saadhan) and others, by the

court of Special Sessions Judge, Udham Singh Nagar. By it, the

appellant has been convicted under Sections 147, 323, 336, 342, 427,

452, 504, 506 IPC and Section 3(i)(v)(xiv) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“the SC/ST Act”)

and has been convicted as follows:-

(i) Under Section 147 IPC – rigorous

imprisonment for a period of six months.

(ii) Under Section 323 IPC – rigorous

imprisonment for a period of six months and

a fine of Rs. 1,000/-. In default of payment of

fine, to undergo additional imprisonment for

a period of fifteen days.

(iii) Under Section 336 IPC – rigorous

imprisonment for a period of one month.
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(iv) Under Section 342 IPC – rigorous

imprisonment for a period of six months.

(v) Under Section 427 IPC – rigorous

imprisonment for a period of six months and

a fine of Rs. 1,000/-. In default of payment of

fine, to undergo additional imprisonment for

a period of fifteen days.

(vi) Under Section 452 IPC – rigorous

imprisonment for a period of three years and

a fine of Rs. 3,000/-. In default of payment of

fine, to undergo additional imprisonment for

a period of forty-five days.

(vii) Under Section 504 IPC – rigorous

imprisonment for a period of one year.

(viii) Under Section 506 IPC – rigorous

imprisonment for a period of two years and a

fine of Rs. 2,000/-. In default of payment of

fine, to undergo additional imprisonment for

a period of one month.

(ix) Under Section 3(1)(v)(xiv) of the SC/ST Act –

rigorous imprisonment for a period of three

years and a fine of Rs. 3,000/-. In default

of payment of fine, to undergo additional

imprisonment for a period of forty-five days.

2. The appeal is already admitted.

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3. Heard learned counsel for the parties on the bail

application and perused the record.

4. Leaned counsel for the appellant/applicant would submit

that co-convicts having similar role have already been granted bail.

5. This fact is admitted by the learned State Counsel.

6. Having considered, this Court is of the view that it is a

case in which the execution of sentence should be suspended qua the

appellant/applicant and he be enlarged on bail.

7. The bail application is allowed.

8. The execution of sentence appealed against is suspended

qua the appellant/applicant during the pendency of the appeal.

9. Let the applicant/appellant 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.

10. List the criminal jail appeal for final hearing on

08.07.2025.

(Ravindra Maithani, J)
04.04.2025
Avneet/