Court No. - 65
Case :- CRIMINAL REVISION No. - 1732 of 2019 Revisionist :- Sarang Saxena And Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Nitin Sharma Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This criminal revision has been filed against the impugned judgement and order dated 8.3.2019 passed by learned C.J.M., Moradabad in Criminal Case No. 8049 of 2014, (C.N.R. No. UPM004-0091002014) State vs. Sarang Saxena and another, relating to case Crime No. 525 of 2013, under Sections 420, 406, 323, 504, 506 I.P.C., P.S.- Katghar, District- Moradabad whereby the revisionists' discharge application has been rejected.
Heard revisionists' counsel as well as learned AGA and perused the record.
At the very outset, learned counsel for the revisionists has not pressed the prayer so far it relates to quashing of the impugned order. The only submission made by the revisionists' counsel is that the the revisionists are real brothers and one of the revisionists namely Sundram Saxena is a patient of cancer, they want to appear before the court below and seek bail and a direction in that regard may be issued for expeditious disposal of the proposed bail application.
In view of the submissions made by the revisionists' counsel, the prayer for quashing the impugned order stands dismissed.
However, in the peculiar facts and circumstances of the case and in view of the specific submissions made by the counsel regarding medical condition of the revisionist no.2, it is being observed that in case the revisionists appear in the court below within two weeks from today and move application for bail, the same shall be heard and disposed of expeditiously in accordance with law, if possible, on the same day.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this revision has been moved in this Court.
With the aforesaid observations, this revision stands disposed off.
Order Date :- 29.4.2019 Naresh