Court No. - 44
Case :- CRIMINAL REVISION No. - 3801 of 2018 Revisionist :- Kunwar Pal 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 court of Judicial Magistrate, Aligarh vide order dated 28.06.2008 has convicted the revisionist Kunwar Pal under section 506 IPC sentencing him simple imprisonment of two years along with the fine of Rs. 300/- in default of payment of fine 15 days additional simple imprisonment and the learned Appellate court vide order dated 16.10.2018 has modified the order of court below and again awarded him one year simple imprisonment and fine of Rs. 300/- in default of payment of fine 15 days additional simple imprisonment under section 506 IPC. 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 respondent may file his 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 Kunwar Pal under section 506 IPC sentencing him simple imprisonment of two years along with the fine of Rs. 300/- in default of payment of fine 15 days additional simple imprisonment and the learned Appellate court vide order dated 16.10.2018 has modified the order of court below and again awarded him one year simple imprisonment and fine of Rs. 300/- in default of payment of fine 15 days additional simple imprisonment under section 506 IPC. 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 under section 506 IPC the sentence was reduced from two years simple imprisonment along with the fine of Rs. 300/- to one year simple imprisonment with fine of Rs. 300/- and in default of payment of fine 15 days 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, Kunwar Pal who was convicted and sentenced in Criminal Appeal No. 44 of 2018 (Kunwar Pal Vs. State of U.P.) vide order dated 16.10.2018 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