Zahid vs State Of Uttarakhand on 31 March, 2026

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    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)

    SPONSORED

    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



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