Court No. - 44
Case :- CRIMINAL REVISION No. - 3789 of 2018 Revisionist :- Devpal Opposite Party :- State Of U.P.
Counsel for Revisionist :- Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the revisionist learned AGA and perused the record.
This revision should be heard at the admission stage.
Submission made by the counsel for the revisionist that the learned Judicial Magistrate, court no. 3, Aligarh vide order dated 28.06.2008 has convicted the revisionist Deopal under section 326 IPC and sentencing him simple imprisonment of two years six months along with the fine of Rs. 300/- and under section 506 IPC sentencing him simple imprisonment of two years along with the fine of Rs. 300/- in default of payment of fine in both the sections 15-15 days each additional simple imprisonment and the learned Appellate court vide order dated 16.10.2018 has modified the order to the extent that the conviction was reduced to section 324 IPC for two year simple imprisonment with fine of Rs. 300/- and under section 506 one year simple imprisonment and fine of Rs. 300/- in default of payment of fine in both the section 15-15 days each additional simple imprisonment. The revisionist is in jail since 16.10.2018. Learned counsel for the revisionist submits that the entire judgment is against the evidence available on record and without taking into legal proposition. \The matter requires consideration.
Admit.
The matter to be listed again after 8 weeks, after the receipt of the lower court records. The contesting respondents may file their version by means of counter affidavit within the same period.
From perusal of the record it is evident that as per order dated 28.06.2008 the concerned Magistrate has convicted the revisionist Deopal under section 326 IPC and sentencing him simple imprisonment of two years six months along with the fine of Rs. 300/- and under section 506 IPC sentencing him simple imprisonment of two years along with the fine of Rs. 300/- in default of payment of fine in both the sections 15-15 days each additional simple imprisonment and the learned Appellate court vide order dated 16.10.2018 has modified the order to the extent that the conviction was reduced under section 324 IPC for two years simple imprisonment with fine of Rs. 300/- and under section 506 IPC one year simple imprisonment and fine of Rs. 300/- in default of payment of fine in both the sections 15-15 days each additional simple imprisonment. Both the sentences were ordered to be run concurrently. The order dated 16.10.2018 passed by the appellate court reveals that the aforesaid sentence of two years six months was reduced to two years simple imprisonment with fine of Rs. 300/- under section 324 IPC and under section 506 IPC was reduced from two years simple imprisonment along with the fine of Rs. 300/- to one year simple imprisonment and fine of Rs. 300/- in default of payment of fine in both the section 15-15 days each additional simple imprisonment.
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 revisionist, namely, Devpal who was convicted and sentenced in Criminal Appeal No. 42 of 2018 (Deopal Vs. State of U.P.) vide order dated 28.06.2008 on bail for the offence indicated above on his 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 50% of the fine awarded by the court below vide order dated 16.10.2018 indicated above within two months from the date of his 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 revisionist shall be taken into custody forthwith.
Order Date :- 31.10.2018 Nisha