Court No. - 11
Case :- CRIMINAL REVISION No. - 3666 of 2018 Revisionist :- Naim Khan And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Vinod Singh Counsel for Opposite Party :- G.A.
Hon'ble Mahboob Ali,J.
Issue notice to opposite party no. 2 returnable by 29.11.2018. Let steps be taken within three days.
Learned counsel for the revisionists states that the revisionist 1 and 2 are very old and sick persons and prays for grant of bail to the revisionists.
Heard learned counsel for the revisionist, learned AGA for the State and perused the record.
Contention of the learned counsel for the revisionist is that during the pendency of appeal revisionists were on interim bail and after the decision in the appeal they have been taken into custody and sent to jail. He informed the Court that the revisionists have been convicted under Section 498-A IPC and Section 4, Dowry Prohibition Act and sentenced for one year rigorous imprisonment for the offence Section 4, Dowry Prohibition Act and for two years rigorous imprisonment and fine of Rs. 2000/- each under Section 498-A IPC. Learned counsel for the revisionist also submitted that the revisionist no. 1 and 2 are father-in-law and mother-in- law who are old and ailing, revisionist no. 1 (father-in-law) is 75 years old and revisionist no. 2 (mother-in-law) is 64 years old, and revisionist no. 3 is a married Nanad who has a separate living. Learned counsel has also stated that the amount of fine has already been deposited.
Learned AGA has not disputed the above facts. Keeping in view the facts and circumstances of the case and without expressing any opinion on the merits of this revision, I direct that the revisionists Naim Khan, Smt. Munni and Smt. Gudiya be enlarged on bail under Section 498-A and Section 4 of Dowry Prohibition Act, in case no. 4 of 2012 arising out of case crime no. 131 of 2010 Police Station Redhar, District Jalaun, on furnishing a personal bond and two sureties to the satisfaction of the CJM concerned.
Order Date :- 27.10.2018 Ujjawal