Case :- CRIMINAL REVISION No. - 2182 of 2019 Revisionist :- Shashikant Upadhyaya Opposite Party :- State of U.P.
Counsel for Revisionist :- Syed Ausaf Un Nabi,Indra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Rejoinder affidavit has been filed today and the same is taken on record.
Heard Sri Syed Ausaf Un Nabi, learned counsel for the revisionist, Sri Anil Kumar Kushwaha, learned A.G.A. for the State and perused the record.
The instant criminal revision under section 397/401 Cr.P.C. has been filed on behalf of the revisionist Shashikant Upadhyaya against the impugned judgment and order dated 22.05.2019, passed by Additional Sessions Judge/ FTC (Women Protection), Pilibhit in Criminal Appeal No. 44 of 2017 (Shashikant Upadhayay Vs. State of U.P.), Police Station Neuria, District Pilibhit and affirming the order of the trial court against the impugned judgment and order dated 22.11.2017 passed by Chief Judicial Magistrate, Court no. 3, Pilibhit in Criminal Case No. 2458 of 2017, arising out of Case Crime No. 336 of 2004, under sections 417, 466, 468, 471 IPC, Police Station- Neuria, District- Pilibhit convicting the revisionist under section 417 to one year R.I. and under section 466 I.P.C. to 5 years R.I. and fine of Rs.10,000/- and in default payment of fine two months additional imprisonment and under section 468 I.P.C. to 5 years R.I. and fine of Rs.10,000/- and in default of payment of fine two months additional imprisonment and under section 471 I.P.C. to one year R.I.
It is argued by the learned counsel for the revisionist that the revisionist is innocent and has been falsely implicated in the present case due to ulterior motive. It is further argued that in the present case prosecution witness no. 6 Jagdish Candra Khatri has also not supported the prosecution case. It is next argued that revisionist is aged about 60 years who is a sugar patient and the wife and one son of the revisionist had already died and the other son is also a mental patient. It is further submitted that in view of the judgement pronounced by Bombay High Court in the case of Sanjay Dutt Vs. State of Maharashtra Tr. CBI, Bombay (Criminal M.P. Nos. 14314, 14316, 14317, 14322/2007 in Criminal Appeal Nos.1060 of 2007).
In the peculiar facts and circumstances of the case, let the revisionist Shashikant Upadhyaya 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 in Criminal Case No. 2458 of 2017, arising out of Case Crime No. 336 of 2004, under sections 417, 466, 468, 471 IPC, Police Station- Neuria, District- Pilibhit.
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 in memo of revision) List in due course for final hearing along with lower court record.
Order Date :- 17.12.2019 RPD