Court No. - 32
Case :- CRIMINAL REVISION No. - 657 of 2018 Revisionist :- Ramakant Pandey Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Diwan Saifullah Khan,Surabhi Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the revisionist, learned AGA and perused the record.
Learned counsel for the revisionist submitted that on the basis of false allegation, the F.I.R. was lodged and registered as Case Crime No. 146 of 2016, under Sections 147, 148, 149, 323, 336, 504, 506 IPC, P.S. Kandawa, District Chandauli. The revisionist was released on bail. Subsequently, the charge was framed under Section 307 IPC on the ground that there was allegation that while accused-persons were leaving place of incident, they fired but there is no allegation that they fired with the intention to kill anyone.
Learned AGA opposed the contention of the revisionist.
Considered the submissions. Since there was firing and charge was framed under Section 307 IPC, at this stage, without observation on merit, if a fresh bail application is moved within three weeks under newly added Section 307 IPC, the same shall be considered and decided, expeditiously, if possible, on the same day. If the bail application could not be decided on the same day then the revisionist may be released on interim bail till disposal of the bail application.
With aforesaid observations, the present revision is finally disposed off.
Order Date :- 28.2.2018 A.K.Srivastava