O R D E R

1. Leave granted.

2. The appellants, figuring as accused in FIR No. 148 of 2000 registered with Police Station Ranipur, Hardwar, were tried by the Additional Sessions Judge (First Fast Track Court), Hardwar1 for alleged commission of offences punishable under Sections 147, 148, 323, 324, 325, 504 and 506 of the Indian Penal Code2. 3. The Sessions Court on 17th October, 2007 acquitted the appellants for the offences under Sections 307 and 506, Indian Penal Code but convicted them for the offences under Sections 324, 325 and 148 thereof. This was followed by imposition of punishment of, inter alia, three years rigorous imprisonment together with fine.

4. The High Court of Uttarakhand3, by the impugned judgment and order dated 14th March, 2024, has upheld the conviction and sentence imposed by the Signature Not Verified Sessions Court.

Digitally signed by Jatinder Kaur Date: 2024.09.18

16:09:25 IST Reaso5n:. Challenge in this appeal is to the said decision of the High Court.

2 IPC, hereafter

6. A coordinate Bench of this Court by an order dated 24th June, 2024 had issued notice, limited to the question of sentence.

7. It is not disputed at the bar that the appellants have been behind bars for a period of almost five months.

8. We have perused the materials on record. Having regard to the facts that the appellants were convicted by the Sessions Court in respect of an incident which occurred nearly 24 years back and also that there is no allegation of they having indulged in any criminal act since then, we are of the considered opinion that interest of justice would be sufÏciently served if the sentence imposed by the Sessions Court, since afÏrmed by the High Court, is altered to the period of imprisonment already undergone by the appellants. Ordered accordingly.

9. The appeal is partly allowed. While maintaining the conviction, we modify the sentence and the appellants are set free from incarceration. They shall be released from custody, if not required in any other case.

10. Pending application(s), if any, stand disposed of.

…...........................J.

[DIPANKAR DATTA]

…...........................J.

[ARAVIND KUMAR]

New Delhi;

September 17, 2024.

ITEM NO.10 COURT NO.16 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Special Leave to Appeal (Crl.) No(s). 8214/2024 (Arising out of impugned final judgment and order dated 14-03-2024 in CRLA No. 422/2007 passed by the High Court of Uttarakhand at Nainital)

NARESH GIRI & ORS. Petitioner(s)

VERSUS THE STATE OF UTTARAKHAND Respondent(s)

IA No. 133843/2024 - EXEMPTION FROM FILING O.T.

IA No. 133842/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/

FACTS/ANNEXURES IA No. 177523/2024 - SUSPENSION OF SENTENCE IA No. 177413/2024 - SUSPENSION OF SENTENCE IA No. 177808/2024 - SUSPENSION OF SENTENCE IA No. 177771/2024 - SUSPENSION OF SENTENCE)

Date : 17-09-2024 The matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Manoj Kumar Srivastava, AOR For Respondent(s) Mr. Ravindra S. Garia, AOR Mr. Shashank Singh, Adv. Ms. Rachna Gandhi, Adv.

Mr. Madan Chandra Karnatak, Adv.

UPON hearing the counsel the Court made the following O R D E R

1. Leave granted.

2. The appeal is partly allowed in terms of the signed order.

3. Pending application(s), if any, shall stand disposed of.

(JATINDER KAUR) (SUDHIR KUMAR SHARMA)

P.S. to REGISTRAR COURT MASTER (NSH)

[Signed order is placed on the file]