Court No. - 44
Case :- CRIMINAL REVISION No. - 3784 of 2018 Revisionist :- Bachchoo Singh And 10 Others Opposite Party :- State Of U.P.
Counsel for Revisionist :- Imran Mabood Khan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the revisionist learned AGA and perused the record.
The revisionists, who are eleven in numbers have jointly assailed the validity and veracity of the judgement and order dated 08.X.2018 passed by the 21st Additional Sessions Judge, Agra in Criminal Appeal No. 148 of 2014 (State v. Bachchoo Singh and others).
Perusal of the record reveals that the revisionists were earlier convicted and sentenced for the offences under sections 147, 148, 323, 149, 324, 325, 504 and 506 IPC vide order dated 26.04.2014 passed by the Additional Chief Judicial Magistrate, Court No. 9, Agra in Criminal Case No. 57 of 2014 and were also released on two years probation with certain conditions. The aforesaid order was challenged by the learned DGC (Criminal) by moving Criminal Appeal No. 148 of 2014 (State v. Bachchoo Singh and others).
Learned counsel for the revisionists argued that as the learned lower appellate court was incapable to adjudicate the instant case of acquittal, therefore, the conviction of the revisionists thereof passed by the appellate court vide order dated 26.04.2014 has wrongly been passed and thus it is bad in the eyes of law.
Admit.
Summon the lower court's record.
The order dated 26.04.2014 passed by the learned Additional Chief Judicial Magistrate, Court No. 9, Agra in Criminal Case No. 57 of 2014 was affirmed by the appellate court vide order dated 08.X.2018 and the appellants (herein the revisionists) were convicted with the maximum sentence of five years. Besides this, they were also convicted in various many other sections, referred to above.
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 revisionists, namely, Bachchoo Singh, , Ranjeet, Rajjo, Rishi, Boby, Chandra Prakash, Manish, Mahaveer, Gutta, Ramveer and Vijje convicted and sentenced in Criminal Appeal No. 148 of 2014 222 of 2011 (State v. Bachchoo Singh and others) vide order 08.X.2018 passed by the 21st Additional Sessions Judge, Agra on bail for the offence indicated above on their 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, this court directs the revisionist to pay the entire amount of fine awarded by the court below vide order dated 08.X.2018 indicated above within fifteen days from the date of their release on bail.
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 revisionists shall be taken into custody forthwith.
Order Date :- 30.10.2018 shailesh