Court No. - 64
Case :- CRIMINAL REVISION No. - 3233 of 2019 Revisionist :- Ratnesh @ Manni Lal Mishra Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This criminal revision has been filed by the revisionist against the judgment and order dated 09.08.2019 passed by Additional Sessions Judge/ Special Judge (E.C. Act), Banda, in Criminal Appeal No.56 of 2017 (CNR No.UP010052932017) (Ratnesh @ Manni Lal Mishra Vs. State) whereby the appeal preferred on behalf of revisionist has been dismissed under section 332 and 353 I.P.C. and has been acquitted under section 504 I.P.C. and the order dated 06.10.2017 passed by the Chief Judicial Magistrate, Banda in Criminal Case No.676 of 2013 (State vs. Ratnesh @ Manni Lal Mishra) arising out of Case Crime No.111 of 2013, under sections 352, 332, 286, 353, 504, 506 I.P.C. Police Station- Kotwali Nagar, District- Banda, whereby the revisionist has been convicted and sentenced under sections 332 and 353 I.P.C. to undergo one year rigorous imprisonment with fine of Rs.500/- and seven days of additional imprisonment in default payment of fine.
Heard learned counsel for the revisionist, who has pressed forth the revision only on the ground of severity of sentence, and learned A.G.A. for the State.
Perused the record.
Admit only to hear on the point of sentence. Summon the lower court record.
Notice on behalf of opposite party no.1 has been accepted by learned A.G.A.
Issue notice to the opposite party no.2 returnable within four weeks.
Opposite party no.2 may file counter affidavit within three weeks after the service. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period along with lower court record before the appropriate bench.
In the peculiar facts and circumstances of the case, let the revisionist Ratnesh @ Manni Lal Mishra, convicted and sentenced Criminal Case No.676 of 2013 (State vs. Ratnesh @ Manni Lal Mishra) arising out of Case Crime No.111 of 2013, under sections 332, 353 I.P.C. Police Station- Kotwali Nagar, District- Banda, be released on bail on his furnishing a personal bond and two solvent sureties each of his family members and/or relatives to the satisfaction of the court concerned.
As soon as personal and surety bonds are furnished, photostat copies of the same are directed to be transmitted to this Court forthwith by the concerned court below to be kept on record.
Order Date :- 22.8.2019 shiv