Court No. - 23
Case :- CRIMINAL REVISION No. - 3643 of 2018 Revisionist :- Sajid Husain Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Mahipal Singh Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Shri Mahipal Singh, learned counsel for the revisionist and Sri Bhanu Prakash Singh, learned AGA for the State.
This revision has been filed for quashing the judgment and conviction dated 09.10.2018 passed by the learned Additional District & Session Judge, Nagina, Bijnor, passed in Criminal Appeal No. 06 of 2017 (Sajid Husain and Another versus State of U.P.) and the impugned judgment and order dated 17.01.2017 passed by the Additional Chief Judicial Magistrate Nagina, Bijnor in Criminal Case No. 3144 of 2015 (State vs. Sajid Husain and Anr.) arising out of case Crime No. NIL/1999, P.S. Nagina Dehat, District Bijnor.
Learned counsel for the applicants submitted judgment and order dated 29.8.2017 and 12.9.2018 passed by the Courts below are wrong and illegal as no case is made out against the revisionist.
Admit.
Learned A.G.A. has accepted notice on behalf of State of U.P., opposite party no. 1.
Issue notice to opposite party no. 2 through speed post/R.P.A.D., returnable at an early date.
Necessary steps be taken within ten days.
Let the lower court record be summoned through Session Judge concerned within four weeks.
List after four weeks before appropriate Bench. This case shall not be treated to be part heard or tied up to this Bench.
Order Date :- 27.10.2018 A. Tripathi
Court No. - 23
Case :- CRIMINAL REVISION No. - 3643 of 2018 Revisionist :- Sajid Husain Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Mahipal Singh Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Order on Criminal Misc. Bail Application.
Heard Shri Mahipal Singh, learned counsel for the revisionist and Sri Bhanu Prakash Singh, learned AGA for the State.
Learned counsel for the applicant further submits that the applicant is innocent and he is falsely and wrongly implicated in the present case. It is further submitted that applicant was on bail during trial and appeal and they have not misused the liberty of bail, therefore, he may be enlarged on bail during pendency of this revision.
Learned A.G.A. has opposed the prayer for bail but conceded that applicant-revisionist was on bail during trial and appeal.
Considering the rival submissions of the learned counsel for the parties, let the applicant Sajid Husain convicted and sentenced in Criminal Appeal No. 06 of 2017 (Sajid Husain and Another versus State of U.P.) in Criminal Case No. 3144 of 2015 arising out of case Crime No. NIL/1999, P.S. Nagina Dehat, District Bijnor be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. It is further directed that the learned Court below shall transmit the copy of the personal and sureties bonds for records of this Court.
With the above directions, the application is finally disposed of.
Order Date :- 27.10.2018 A. Tripathi