Court No. - 71
Case :- CRIMINAL REVISION DEFECTIVE No. - 409 of 2019 Revisionist :- Akhilesh Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Avijit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
The exemption application is allowed.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This criminal revision has been filed by the revisionists against the judgement and order dated 6.3.2019 passed by the Sessions Judge, Mahoba in Criminal Appeal No. 42 of 2018, Gajraj and others vs. State of U.P., arising out of judgment and order dated 11.10.2018 passed by the A.C.J.M., Mahoba in Criminal Case No. 215 of 2016[Computer Case No. 74 of 2016], State vs. Gajraj and others, Case Crime No. 49 of 2007, under Section 324 I.P.C., P.S.- Ajnar, District- Mahoba, whereby the revisionist has been convicted and sentenced under Section 324 IPC for one year simple imprisonment.
Learned counsel for the revisionist has submitted that the present criminal revision has been filed against the conviction in appeal. He further submitted that the co-accused Gajraj and others have already been granted bail by the another Bench of this Court in Criminal Revision No.1499 of 2019 vide order dated 11.4.2019. Lastly he submitted that the revisionist is languishing in jail since 19.4.2019.
Admit only to hear on the point of sentence. Summon the lower court record.
Notice on behalf of opposite party No.1 has been accepted by learned AGA. Issue notice to the opposite party no.2 returnable within four weeks.
Opposite party no.2 may file counter affidavit within three weeks after the service. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period before the appropriate bench.
Let the revisionist- Akhilesh be released on bail on their furnishing a personal bond and two solvent sureties to the satisfaction of the court concerned in Criminal Case No. 215 of 2016[Computer Case No. 74 of 2016], State vs. Gajraj and others, Case Crime No. 49 of 2007, under Section 324 I.P.C., P.S.- Ajnar, District- Mahoba.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
Order Date :- 31.5.2019 Mini