Court No. - 49
Case :- CRIMINAL REVISION No. - 3820 of 2017 Revisionist :- Virendra Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present criminal revision has been filed against the impugned order dated 10.7.2014 passed in Criminal Case No. 191 of 2007 (State Vs. Virendra) arising out of Case Crime No. 4/8 of 2007, under Sections- 420,467 I.P.C. the applicant was convicted under Section 420 IPC and sentenced for three years rigorous imprisonment with a fine of Rs. 5,000/- and further convicted under Section 467 IPC and sentenced for five years rigorous imprisonment with a fine of Rs. 10,000/-, further the order dated 31.10.2017 passed in Criminal Appeal No. 109 of 2014, whereby the learned Additional Sessions Judge had rejected the appeal and confirmed the conviction of the applicant.
Learned counsel for the applicant submits that there is no cheating or forgery on the part of the applicant in as much as earlier applicant has executed a sale deed in favour of Bhagwan Sahai. In the subsequent sale- deed with respect to which the offence has been alleged, Bhagwan Sahai is one of the marginal witnesses. It is further, stated that the parties to the sale-deed are family members and are related to each other and, therefore, there was a strong presumption that the opposite party no.2 who were the purchasers under the second sale deed had full knowledge of earlier sale- deed executed in favour of Bhagwan Sahai. It is further, submitted that the applicant has already suffered jail for more than three years in all.
Considering the facts and circumstances of the case, let the applicant Virendra be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the Court concerned below in the aforesaid cases and further half of the fine imposed on him shall remain stayed and fifty percent to be deposited within one month.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
Order Date :- 26.4.2018/Neeraj