Allahabad High Court
Jasveer And 3 Others vs State Of U.P. And Another on 25 January, 2021
Bench: J.J. Munir
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 74
Case :- CRIMINAL REVISION DEFECTIVE No. - 10 of 2021
Revisionist :- Jasveer And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Amod Pandey
Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
A supplementary affidavit bringing on record a certified copy of the Trial Court's judgment has been filed in Court today. It is taken on record. The Stamp Reporter will remove the relative defects and assign a regular number to this Revision.
Heard Mr. Amod Panday, learned counsel for the Revisionists and the learned AGA appearing on behalf of the State.
The Revisionist was convicted and sentenced by the Additional Chief Judicial Magistrate-I, Budaun, in Case No.845 of 2016, State Vs. Jaiveer Singh and Others (arising out of Case Crime No.181 of 2002) under Sections 323/34, 324/34, 325/34,and 504, IPC, vide judgment and order dated 05.01.2017 in the following terms:
Offence
Imprisonment
Fine (in Rs.)
Additional imprisonment in default of fine
323/34 IPC
10 Months
1,000/-
6 Months
324/34 IPC
2 Years
5,000/-
6 Months
325/34 IPC
4 Years
5,000/-
6 Months
504 IPC
1 Year 6 Months
1,000/-
6 Months
There is a further default imprisonment of six months in case of non-payment of fine on any of the counts. All sentences were directed to run concurrently.
The Revisionist appealed to the learned Sessions Judge, Budaun vide Criminal Appeal No.5 of 2017, which came up for determination before the Additional Sessions Judge, Court No.7, Budaun, on 05.12.2020, who has allowed the appeal in part and set aside the conviction and sentence under Section 324/34, IPC, maintaining the conviction and the sentences awarded by the Magistrate on other counts.
Aggrieved, this Revision has been filed.
It is argued by the learned counsel for the Revisionist that the Courts below have taken a perverse view of the evidence on record. It is urged that the entire prosecution case is about assault by sticks (laathi/Danda) with no mention of a sharp edged weapon, but the injured Munnalal has received an incised wound, about which there is no explanation. It is submitted that there are inherent contradictions in the prosecution case, on the basis of which no finding of conviction could ever be recorded.
Admit.
Issue notice.
Summon the lower Court record at once.
List this Revision for orders on 05.03.2021 along with the lower Court records received.
Order on Criminal Misc. 1st Bail Application No.1 of 2020
Heard learned counsel for the applicant in support of the bail application and the learned AGA appearing on behalf of the State.
It is urged that prima facie the conviction by the Court below is flawed being one based on an incredible view of the evidence on record. It is submitted that the Revisionists were on bail during trial and in appeal, which they have not misused. The Revisionists do not have a criminal history or background and are respectable persons. It is also pointed out that the Revisionists are in jail since 05.12.2020. It is urged that there is no likelihood of this Revision being heard very early.
In the circumstances, this Court find it to be a fit case for bail.
The bail application is allowed.
Let the Revisionists Jasveer, Jaiveer, Pappu and Ramvir, convicted by the Additional Sessions Judge, Court No.7, Budaun, in Criminal Appeal No.5 of 2017, Jasveer and Others Vs. State (arising out of Case Crime No.181 of 2002), under Sections 323/34, 324/34 and 504, IPC, Police Station Usehat, District Budaun, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Budaun, subject to the following conditions :
(i) The party shall file computer-generated copy of such order downloaded from the official website of High Court Allahabad.
(ii) The computer generated copy of such order shall be self attested by the counsel for the party concerned.
(iii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The revisionists shall deposit 50% of the fine imposed within one month of their release from prison, failing which, it shall be recovered, in accordance with law. Realization of the balance shall remain suspended during the pendency of this Revision.
Order Date :- 25.1.2021
NSC
