Court No. - 53
Case :- CRIMINAL REVISION No. - 2456 of 2018 Revisionist :- Nourangi Lal Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Mukesh Kumar Kushwaha,Mahima Maurya Kushwaha Counsel for Opposite Party :- G.A.,Gauri Shanker Mishra,Gauri Shankar Misra
Hon'ble J.J. Munir,J.
Heard learned counsel for the revisionist and learned AGA for the State.
This revision has been preferred from a judgment and order dated 18.07.2018 passed in Criminal Appeal No. 53 of 2015, whereby the learned Judge has dismissed the appeal and affirmed an order of conviction passed by the Additional Chief Judicial Magistrate, Court No.2, Aligarh in Criminal Case No. 2019 of 2005 dated 25.03.2015, convicting the revisionist for offence punishable under Section 406 IPC and sentencing him to one year and six months rigorous imprisonment.
The submission of the learned counsel for the revisionist is that courts below have passed the orders impugned ignoring from consideration material evidence taking into consideration irrelevant evidence and drawing perverse conclusion from the evidence on record. It is further submitted that sentence awarded is disproportionate.
Admit. Issue notice.
Summon the record at once.
Heard learned counsel for the revisionist in support of the application for bail made under Section 397 (1) Cr.P.C.
The submission is that the revision has been admitted to hearing and the maximum term awarded- is one and a half year. There is no likelihood of this revision being heard in the course of one year. It is further submitted that the revisionist was on bail pending trial and during appeal which he has not misused.
Considering the aforesaid facts and circumstances, it is directed that pending revision, the revisionist Nourangi Lal be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Aligarh in Case Crime No. 234/2001, under Sections 406, 504, 506 IPC, P.S. Jawan, District Aligarh.
Order Date :- 31.7.2018 Imroz