Court No. - 44
Case :- CRIMINAL REVISION No. - 3676 of 2018 Revisionist :- Abdul Hakim Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the revisionist learned AGA and perused the record.
The present revision is filed against the conviction order dated 26.09.2018 passed by Additional Sessions Judge, Fast Track Court, Sonbhadra in Criminal Appeal No. 23 of 2014 (Abdul Hakim Vs. State of U.P.) the learned Appellate Court dismissed the appeal and affirmed the order dated 31.07.2014 passed by the learned Chief Judicial Magistrate, Sonnbhadra in the proceeding of Case No. 3911 of 2010 (State of U.P. v. Abdul Hakim & others) convicting and sentencing the revisionist under section 3/5 of the U.P. Electricity Wire and Transformer Act, 1976 for one year simple imprisonment with default stipulations.
The matter requires consideration. Admit.
Issue notice to the opposite party no. 2.
The matter to be listed again after 8 weeks, after the receipt of the lower court records. The contesting respondents may file their version by means of counter affidavit within the same period.
Per contra, learned AGA contended that the orders passed by the court below do not suffer from any legal or procedural infirmity or illegality therefore, the revisionist is not entitled for being released on bail.
Considering the entirety of the case, this court without expressing any opinion directs the court below to release revisionist, namely, Abdul Hakim convicted and sentenced in Criminal Appeal No. 23 of 2014 (Abdul Hakim Vs. State of U.P.) vide 26.09.2018 passed by Additional Sessions Judge, Fast Track Court, Sonbhadra on bail for the offence indicated above on his furnishing personal bond with two sureties each in the like amount to the satisfaction to the court concerned.
So far as, the prayer for reduction in fine awarded by the court below is concerned, the same is rejected.
As soon as the requisite bail bonds, fine and sureties bonds are furnished, photocopy of the same be transmitted to this court forthwith for being kept on record.
In case the requisite fine directed by this court is not deposited by the revisionist within the stipulated period, the revisionist shall be taken into custody forthwith.
Order Date :- 30.10.2018 shailesh