High CourtsSingle Bench(2012) 03 AHC CK 0044

Ajay Kumar vs State of U.P.

Allahabad High Court · Decided on 2 March 2012

HON’BLE JUDGES
Naheed Ara Moonis, J
RESULT
Allowed
CASE NUMBER
Criminal Revision Defective No. 126 of 2012

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Judgment

10 paragraphs · 367 words

Hon''ble Naheed Ara Moonis, J.—Learned Counsel for the revisionist is permitted to make necessary correction in the memo of revision.

2.

Connect with criminal revision no.5418 of 2011.

3.

Heard Learned Counsel for the revisionist and the learned AGA.

4.

An exemption application has been filed along with the instant revision.

5.

Submission is that the trial court record has already been summoned in the aforesaid connected revision by order dated 19.1.2012, and as such the impugned judgment and order dated 12.7.2011 could not be filed in the present revision, therefore, the filing of the certified copy of the said order be exempted.

6.

Cause shown is sufficient, therefore, the exemption application is allowed.

7.

Office is directed to give regular number to this revision.

8.

A prayer for bail has been made in the present revision, which has been preferred by the revisionist to quash the judgment and order dated 22.2.2012, passed by Additional Sessions Judge, Deoband, Saharanpur in Criminal Appeal No.60 of 2011, Ajay Kumar Vs. State of U.P., whereby affirming the conviction and sentence order dated 12.7.2011, passed by Additional Civil Judge(J.D.)/J.M., Deoband, Saharanpur in criminal case no.364 of 2011, State of U.P. Vs. Mahendra & another, arising out of case crime no.114 of 2003, under Sections 354, 452, 504, 506 IPC, P.S. Nanauta, District Saharanpur, convicting and sentencing the revisionist u/s 452 IPC for one year simple imprisonment with a fine of Rs.1000/-, u/s 354 IPC for one year simple imprisonment with a fine of Rs.500/-, and u/s 504, 506 IPC for six months simple imprisonment, with default stipulation.

Admit.

9.

Having considered the rival submissions advanced by the Learned Counsel for the parties, without expressing any opinion on the merits of the case, it is directed that the revisionist, Ajay Kumar, convicted and sentenced in criminal case no.364 of 2011, State of U.P. Vs. Mahendra & another, arising out of case crime no.114 of 2003, under Sections 354, 452, 504, 506 IPC, P.S. Nanauta, District Saharanpur, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned during the pendency of this revision, subject to the depositing of fine.