Court No. - 52
Case :- CRIMINAL REVISION No. - 918 of 2018 Revisionist :- Kalyan Singh @ Kallu Opposite Party :- State Of U.P. Counsel for Revisionist :- Amit Khanna Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Amit Khanna, counsel for the revisionist and learned AGA.
Present revision has been filed against the judgement and order dated 7.3.2018 passed by Special Judge (SC/ST Act) Jhansi in S.T. No. 54 of 2017 in Case Crime no. 0305/2016, P.S. Babeena, Jhansi whereby the revisionist has been summoned the face trial u/s 302 IPC.
I have carefully perused the impugned order and find that the trial court has taken into account the evidence of two prosecution witnesses and there appears strong and cogent evidence against the revisionist for summoning him for the offence u/s 302 IPC. There is no illegality or impropriety in the impugned order.
Accordingly, the revision is dismissed.
However, in view of the statement made by counsel for the revisionist that only role for exhortation has been attributed in the FIR and also in the statement of the witnesses, it is directed that if the revisionist appears and surrender before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Order Date :- 23.3.2018 Dhirendra/