Court No. - 68
Case :- CRIMINAL REVISION No. - 2141 of 2019 Revisionist :- Chand Raza Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Jai Shanker Malviya Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the revisionist and perused the record.
This criminal revision has been preferred against the judgment and order dated 22.05.2019 passed by Additional Sessions Judge/Fast Track Court No. 1, Amroha, in Criminal Appeal No. 07 of 2018 (Chand Raza and others v. State of U.P. and Another), whereby appeal against the order dated 28.05.2018 passed by Judicial Magistrate, Hasanpur, Amroha, in Complaint Case No. 1181 of 2010 (Smt. Aafreen v. Chand Raza and others), under Section 406 of I.P.C., Police Station - Hasanpur, District - Amroha was dismissed. Vide impugned order dated 28.05.2017, the accused-revisionist was convicted for the offence punishable under Section 406 of I.P.C. and sentenced to simple imprisonment for one year.
Learned counsel for the revisionist contended that as per version of complaint, father of opposite party no. 2 Smt. Aafreen gifted some items to the revisionist. Accordingly, offence under Section 406 of I.P.C. is not made out against the revisionist. Without considering this fact, the court below has passed the impugned order, which is not sustainable.
Legality and correctness of the impugned order is to be examined.
Admit.
Summon lower court record.
Learned A.G.A. has received notice on behalf of the State- opposite party.
Issue notice to opposite party no. 2, returnable within six weeks.
List in due course.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the revisionist on bail during the pendency of revision.
Let the revisionist - Chand Raza be released on bail during pendency of the revision on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 29.5.2019 I. Batabyal