Kanti Patwa & Anr. vs State Of U.P.
2017 Latest Caselaw 6565 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- CRIMINAL REVISION No. - 1148 of 2017
 

 
Revisionist :- Kanti Patwa & Anr.
 
Opposite Party :- State Of U.P.
 
Counsel for Revisionist :- Dinesh Kumar Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Mahendra Dayal,J.

The learned counsel for revisionists prays for and is allowed to implead the complainant as one of the opposite parties in this revision.

Heard learned counsel for revisionists and Sri Arjun Singh Kalhans, who has put in appearance on behalf of complainant and filed his Vakalatnama, which has been taken on record.

It has been submitted by the learned counsel for revisionists that the revisionists were convicted by First Additional Chief Judicial Magistrate, Gonda under Sections 352, 504, 506 I.P.C. The revisionists were acquitted for the offence under Section 352 but under Section 504 I.P.C. they were sentenced to 3 months simple imprisonment along with fine of Rs. 250/- and for the offence under Section 506 I.P.C. they were sentenced to merely 6 months simple imprisonment along with fine of Rs. 500/-.

The revisionists preferred Appeal No. 21 of 2017 which was partly allowed and the fine was reduced. However, the sentence was maintained.

Admit this revision.

Summon the lower court record.

List after receipt of lower court record.

Order Date :- 9.11.2017

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C.M. Application No. 114389 of 2017

In re:

Case :- CRIMINAL REVISION No. - 1148 of 2017

Revisionist :- Kanti Patwa & Anr.

Opposite Party :- State Of U.P.

Counsel for Revisionist :- Dinesh Kumar Mishra

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Mahendra Dayal,J.

Heard learned counsel for the revisionists and the learned A.G.A.

The revisionists has sought bail in N.C.R. No. 320/2014 under Sections  504,  506 I.P.C., P.S. Kotwali Nagar, district Gonda.

The submission on behalf of revisionists is that the maximum sentence of the revisionists is only 6 months and they may be released during the pendency of this revision which has been vehemently opposed by the learned counsel for complainant that it is the third time the revisionists have assaulted the complainant. It has also submitted by the learned counsel for complainant that on previous occasion, the revisionists were convicted.

On consideration of the aforesaid facts and also considering that the maximum sentence is only 6 months, let revisionists Kanti Patwa and Shanu Patwa be released in the aforesaid case on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 9.11.2017

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