Heard learned counsel for the revisionist on the point of admission as well as perused the judgment and order passed by learned Additional Sessions Judge, Court No. 4, Hardoi.
This revision under Section 397 (1)/401 Cr. P.C. has been filed by the accused against the judgment and order dated 21.5.2010 passed by the learned Additional Sessions Judge, Court No. 4, Hardoi in Criminal Appeal No. 33/2009 (crime no. 108/1992); Surendra & Others Vs. State under Section 323/34 IPC, P.S. Majhila, District Hardoi by which the learned Additional Sessions Judge has dismissed the appeal preferred by the accused-appellant and upheld the judgment and order of the learned Magistrate as holding the accused guilty under Section 323/34 IPC and sentencing each accused to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- with default stipulation.
The revisionist has got arguable point of law.
Admit.
Heard learned counsel for the revisionist on the prayer of the bail.
The submission of learned counsel for the revisionist is that the sentence awarded by the Trial Court to the accused is one year and the accused was on bail during the pendency of the appeal and he did not misuse the liberty of the bail granted to him. He is still on interim bail granted by the Trial Court. He, therefore, deserves to be released on bail during the pendency of the revision.
Learned A.G.A. opposed the prayer of the bail application.
Considered the submission of learned counsel for the revisionist and learned A.G.A. Keeping in view the totality of the facts and circumstances of the case as well as the fact the accused is on interim bail granted by the trial court, therefore, without prejudice to the merits of the revision, the revisionist may be released on bail during the pendency of the revision.
Let the revisionist Udal @ Udan be released on bail on his furnishing a personal bond of two sureties each in the like amount to the satisfaction of the court concerned.
However, the fine is not stayed and the revisionist is directed to deposit the fine within 30 days from today, if not already deposited, failing with this order of bail stands cancelled.
Order Date :- 22.6.2010 Santosh/-