Court No. - 76
Case :- CRIMINAL REVISION No. - 4781 of 2019 Revisionist :- Siraj @ Sirajuddin Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Abhishek Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J. Ref:- Criminal Misc. Bail Application
Heard Sri Abhishek Kumar, learned counsel for the revisionist and learned A.G.A. for the State.
This revision under Section 397/401 Cr.P.C. has been preferred by the revisionist against the judgment and order dated 25.09.2010 passed by Additional Chief Judicial Magistrate, Court no.4, Agra in Case No. 101 of 2010 (Case Crime No. 499 of 2005), under Sections 326/34 IPC, Police Station-Shahganj, Agra, whereby the revisionist has been convicted and sentenced with rigorous imprisonment under Sections 326/34 I.P.C. for a period of six years and Rs. 50,000/- fine (in default of payment of fine further undergone two months additional rigorous imprisonment) and order dated 05.12.2019 passed by Additional Sessions Judge, Court No.15, Agra passed in Criminal Appeal No. 227 of 2010 (Siraj vs. State of U.P.), whereby the appeal of the revisionist has been dismissed and affirming the judgment and order dated 25.09.2010 passed by Additional Chief Judicial Magistrate, Court no.4, Agra.
It is submitted by learned counsel for the revisionist that although in the F.I.R. it has been stated that the revisionist Siraj @ Sirajuddin had pointed out towards his friends threw acid on the victim. However, in the statement of the informant P.W.-1 story has been changed and it has been stated that the Siraj has thrown acid upon the victim. The prosecution version is also not supported by P.W.-2 Noorjahan who stated to be an eye witness but as per her statement she has not seen anybody throwing acid upon the victim. It has further been submitted that the revisionist was on bail during trial as well as pendency of the appeal before the Sessions Judge, Agra and revisionist undertakes that he will not misuse the liberty of bail. Revisionist is in jail since 05.12.2019. The prosecution could not prove its case beyond reasonable doubt. The finding recorded by the trial court for convicting the revisionist is not sustainable under the facts and circumstances of the case. Lastly, it is submitted that the maximum sentence awarded to the revisionist is up to six years, therefore, on account of huge pendency of cases before this Court, there is no likelihood of final hearing of this revision in near future.
Considering the facts and circumstances of the case, let the revisionist Siraj @ Srajuddin convicted and sentenced by judgment and order dated 25.09.2010 passed by Additional Chief Judicial Magistrate, Court no.4, Agra in Case No. 101 of 2010 (Case Crime No. 499 of 2005), under Sections 326/34 IPC and order dated 05.12.2019 passed by Additional Sessions Judge, Court No.15, Agra passed in Criminal Appeal No. 227 of 2010 (Siraj vs. State of U.P.), be released on bail on their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of court concerned during pendency of this revision.
Order on revision Admit.
Summon the lower court record.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List this revision for final hearing after summoning the lower court record.
Order Date :- 18.12.2019 Md Faisal