Court No. - 52
Case :- CRIMINAL REVISION No. - 4032 of 2018 Revisionist :- Smt. Afsana Opposite Party :- State Of U.P.
Counsel for Revisionist :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the revisionist and learned AGA.
Admit. Summon the lower court's record. Connect with Criminal Revision no. 3349 of 2018.
The instant criminal revision has been filed by revisionist against the judgement and order dated 12.9.2018 passed by Ist Additional District and Session Judge, Baghpat in Criminal Appeal no. 40 of 2014 and convicted the revisionist under section 323, 325, 498A, 504, 506 IPC and 3/4 D.P. Act and learned trial court ditto the order dated 30.9.2014 in Criminal Case no. 5983 of 2010 as well as Case Crime no. 952 of 2010 P.S. Baraut, District Baghpat and Judgement and order dated 30.9.2014 passed by C.J.M. Baghpat in Criminal Case no. 5983 of 2010 as well as Case Crime no. 952 of 2010, P.S. Baraut, District Baghpat.
The submission of learned counsel for the revisionist is that the conviction of the revisionist recorded by the trial court is bad in law. The incident is said to have taken place in the year 2010. It is further submitted that other co-accused Arif, Abid, Akhtar and Smt. Bhuro have already been granted bail in Criminal Revision no. 3349 of 2018; the revisionist is married sister-in-law of the informant. Therefore the revisionist deserves to be enlarge on bail.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the revisionist is made out. The bail application is allowed.
Let the revisionist Smt. Afsana convicted and sentenced in the aforesaid session trial, during the pendency of the revision be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal revision.
The fine awarded by the court below under the impugned judgement shall be deposited by the revisionist before her release on bail. List in due course for hearing.
Order Date :- 28.11.2018 Dhirendra/