Uttarakhand High Court
Zahid vs State Of Uttarakhand on 31 March, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Application for Suspension of Sentence No. 01 of 2024
In
Criminal Appeal No.555 of 2024
Zahid ......Appellant
Versus
State of Uttarakhand ....Respondent
Present:
Mr. Sandeep Tiwari, Advocate for the appellant.
Mr. V.S. Rawat, A.G.A. for the State.
Coram: Hon'ble Ravindra Maithani, J.
Hon’ble Siddhartha Sah, J.
Hon’ble Ravindra Maithani, J. (Oral)
Instant appeal is preferred against the judgment and
order dated 08.08.2024, passed in Special Sessions Trial No. 63 of
2021, State of Uttarakhand Vs. Zahid, by the court of Special
Sessions Judge (POCSO)/Sessions Judge, Champawat. By it, the
appellant has been acquitted of the charge under Section 363, 366-A
506 IPC. He has been convicted under Section 5 (l)/6 of the
Protection of Children From Sexual Offences Act, 2012 read with 376
IPC and sentenced accordingly. He seeks bail during the pendency of
the appeal.
2. Heard learned counsel for the parties and perused the
record.
3. This is an admitted appeal.
4. List for final hearing in due course.
2
5. Heard on Application for Suspension of Sentence No.1
of 2024
6. Learned counsel for the appellant submits that the
appellant and the victim both were in romantic relationship; both
were young; the appellant has not committed any offence; he submits
that victim in her statement under Section 164 of the Code of
Criminal Procedure, 1973 confirms this fact. In fact, in the court also
she has reiterated about it.
7. These facts are not denied by learned State counsel, but
learned counsel for the State submits that the victim is minor.
8. Having considered the entirety of facts, we are of the view
that it is a case in which the execution of sentence should be
suspended and the appellant be enlarged on bail.
9. The application for suspension of sentence is allowed.
10. The execution of sentence appealed against is suspended
during the pendency of the appeal.
11. Let the 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.
(Siddhartha Sah, J.) (Ravindra Maithani, J.)
31.03.2026
Jitendra
