Court No. - 49
Case :- CRIMINAL REVISION DEFECTIVE No. - 69 of 2018 Revisionist :- Chirkut Alias Nand Lal Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ratnesh Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Criminal Misc. Delay Condonation Application No. 01 of 2018
1. None appears to oppose the delay condonation application despite service of notice.
2. Heard learned counsel for the applicant and learned A.G.A. for the State.
3. Perused the grounds mentioned in the affidavit in support of delay condonation application. Cause shown is sufficient.
4. Delay condonation application is allowed. Delay in filing the revision is condoned.
5. Office is directed to allot regular number to the revision.
Order Date :- 12.9.2018 faraz
Court No. - 49
Case :- CRIMINAL REVISION DEFECTIVE No. - 69 of 2018 Revisionist :- Chirkut Alias Nand Lal Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ratnesh Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present criminal revision has been filed to quash the order dated 27.11.2013 passed by the Fourth Additional Civil Judge (J.D.)/Judicial Magistrate Mirzapur in Criminal Case No. 39 of 2012 (State versus Kanhaiya and others) under Section 326/34 IPC, police station Padari district Mirzapur as well as the order dated 23.11.2016 passed by the Additional Sessions Judge, Mirzapur in Criminal Appeal No. No. 56 of 2013 whereby the revisionist has been convicted and sentenced seven years imprisonment and fine of Rs. 25000/- for the offence under Section 326/34 IPC.
3. Learned counsel for the applicant submits that in the first place prosecution arises on a very doubtful testimony inasmuch as though, the informant is an eye witness to the incident, the applicant had not been named in the F.I.R. but that his name surfaced after eleven days upon a change on statement being made by the first informant.
4. In such circumstances it has been stated that the applicant has been wrongly convicted and that he has remained in confinement since 23.11.2016 .
5. Admit on the question of sentence only.
6. Summon the lower Court record, returnable at an early date.
7. List for hearing after two months.
8. Considering the facts and circumstances of the case, let the applicant Chirkut alias Nand Lal be released on bail on furnishing his personal bond and two local sureties each in the like amount to the satisfaction of the Court concerned below in the aforesaid cases.
9. Further, half of the fine imposed shall be deposited by the applicant within one month from his release.
10. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
Order Date :- 12.9.2018/faraz