Court No. - 49
Case :- CRIMINAL REVISION No. - 636 of 2018 Revisionist :- Rajeev Singh Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sayed Mohd. Abbas Naqvi,Shahdeo Prasad Pathak Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant, Sri Prakhar Tandon, learned counsel appearing on behalf of the opposite party no. 2 and learned A.G.A for the State.
This revision has been filed against the order, rejecting the discharge application. At present on the basis of material on record, it appears that the execution of the retirement deed, which is subject matter of the offence alleged is very much in doubt. The applicant happens to be relative of the beneficiary of such deed and had no connection with the person, who allegedly retired from the partnership.
Therefore, no interference is called for in the order rejecting the discharge application on the aforesaid ground. Further, submissions made by learned counsel for the applicant would depend on the evidence that may be led by the parties during trial. Without making any observation that may affect the final outcome of the trial, at present no case is made out to interfere in exercise jurisdiction of revision. The application lacks merit and is accordingly dismissed.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within 30 days and no more from today and apply 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days and no more, from today, the non- bailable warrant issued against the applicant shall be kept in abeyance.
Order Date :- 26.2.2018 Lbm/-