Court No. - 23
Case :- CRIMINAL REVISION No. - 3991 of 2011
Revisionist :- Naushad
Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- F.N. Dubey,Prashant Pandey,Ajai Kumar Baranwal
Counsel for Opposite Party :- Govt. Advocate,Maheep Singh,S.K. Srivastava
Hon'ble Virendra Kumar Srivastava,J.
Ref:- Crl.Misc. Recall Application No.10 of 2019.
Heard learned counsel for the applicant/revisionist on the recall application and learned A.G.A for the State and perused the lower court record.
Learned counsel for the applicant/revisionist submits that since the revisionist has been arrested in compliance of the order dated 16.5.2019 passed by this Court, recall application may be rejected as infractuous.
The recall application for recalling the order dated 16.5.2019, in the light of the aforesaid submission of the learned counsel for the applicant/revisionist, has become infractuous and is hereby dismissed.
Order Date :- 31.5.2019 G.S
Court No. - 23
Case :- CRIMINAL REVISION No. - 3991 of 2011 Revisionist :- Naushad Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- F.N. Dubey,Prashant Pandey,Ajai Kumar Baranwal Counsel for Opposite Party :- Govt. Advocate,Maheep Singh,S.K. Srivastava Hon'ble Virendra Kumar Srivastava,J.
Ref:- Crl.Misc. Bail Application No.11 of 2019.
Heard Sri Ajay Kumar Baranwal, learned counsel for the applicant/revisionist and learned A.G.A for the State and perused the lower court record.
Learned counsel for the revisionist/applicant has submitted that the revisionist is in jail in compliance of the order dated 16.5.2019 passed by this Court whereby non- bailable warrant was issued against the applicant/revisionist. Learned counsel for the applicant- revisionist has further submitted that on 16.5.2019 his correct name was not shown in the cause list as his name Ajay Kumar Barnwal whereas in the cause list his name was shown on 16.5.2019 as Ajai Kumar Barnwal and due to his non-appearance in the court, non-bailable warrant was issued against the revisionist. It has lastly been submitted that he is ready to argue this case finally. The revisionist is in jail since 25.5.2019.
Looking into the fact and circumstance of the case particularly as the name of counsel for the applicant/revisionist was not shown correctly in the cause list on 16.5.2019 and non-bailable warrant was issued against him, I am of the view that it is a fit case for bail wherein the applicant/revisionist may be enlarged on bail during pendency of this revision.
Let the applicant/revisionist Naushad be released on bail in Complaint Case No.37 of 2010, under section 138 N.I.Act, P.S Kotwali, District Meerut on furnishing a personal bond of Rs.20,000/- with two solvent sureties of his relatives each in like amount to the satisfaction of court concerned with the condition that the applicant/revisionist shall remain present in future in person or through his counsel before this Court on the dates fixed.
Office may list this revision on 16.7.2019, showing the correct name of counsel of revisionist as Ajay Kumar Barnwal.
Order Date :- 31.5.2019.G.S