Court No. - 70
Case :- CRIMINAL REVISION No. - 2504 of 2016 Revisionist :- Salikram Opposite Party :- State Of U.P.
Counsel for Revisionist :- Anil Kumar Srivastava,Chandra Shekhar Garg Counsel for Opposite Party :- G.A.,Shiv Babu Dubey Hon'ble Sanjay Kumar Singh,J.
Heard Sri I.K. Chaturvedi, learned counsel for the revisionist and Sri Shiv Babu Dubey, learned counsel for the informant.
At the very outset, learned counsel for the informant pointed out that the revisionist has not impleaded the informant as opposite party in this revision though Sri Shiv Babu Dubey, Advocate has filed his Vakalatnama on behalf of the informant in this case.
In view of above, learned counsel for the revisionist is permitted to implead the informant as opposite party no.2.
It is submitted by learned counsel for the revisionist that at present he is pressing this revision on the prayer of the bail of the revisionist by contending that revisionist is in jail since 25.7.2016 and as per his date of birth dated 14.3.1945 he is presently aged about 73 years. In support of said contention, the learned counsel for the revisionist placed reliance on the Aadhar Card of the revisionist appended as Annexure SA-1 with the supplementary affidavit dated 11.5.2017. It is next contended that the revisionist has served more than two and half years in jail and in case the impugned judgment and order dated 16.2.2015 passed by Chief Judicial Magistrate, Banda and 25.7.2016 passed by Additional Sessions Judge/Special Judge (D.A.A.), Banda is confirmed by this Court, maximum punishment can be awarded to the revisionist to the extent of seven years, therefore, the revisionist is entitled to bail.
Learned counsel for the opposite party no.2 has vehemently opposed the prayer of bail of the revisionist on merit by contending that the informant has grabbed the land of Smt. Kodiya @ Gomti Devi showing her as dead though she is alive, therefore, revisionist is not entitled to be released on bail, but aforesaid two contentions of learned counsel for the revisionist that revisionist is aged about 73 years old and is in jail since 25.7.2016 i.e. more than two and half years, have not been disputed by learned counsel for the opposite party no.2.
In view of above, considering the period of incarceration of the revisionist in jail as well as his age, I feel that revisionist is entitled to be released on bail.
Without expressing any opinion on the merit of the case, let revisionist Salikram be released on bail in Criminal Case No. 3388 of 2004 arising out of Case Crime No. 286 of 1991, under Sections 420, 467, 471 IPC, Police Station Kotwali Nagar, District Banda on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned during the pendency of this revision.
List this revision for final hearing after two months.
Order Date :- 21.1.2019
AK Pandey