Samiullah Khan vs State Of U.P.
2021 Latest Caselaw 6449 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 
Case :- CRIMINAL REVISION No. - 1027 of 2021
 
Revisionist :- Samiullah Khan
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Mohammad Yaseen,S.M.Ayaz Ali
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

This present revision has been filed challenging the order dated 23.03.2021 passed by the Sessions Judge, Hathras whereby the criminal appeal no. 30 of 2018 (Samiullah Khan Vs. State of U.P.) as well as judgement and order dated 10.09.2018 passed by Judicial Magistrate Sadabad, District Hathras in Case No. 1205 of 1995, (State Vs. Samiullah Khan) under Section 7/16 Prevention of Food Adulteration Act, 1954 P.S. Sahpau, District Hathras where in terms of the said judgment as affirmed in appeal, the revisionist has been sentenced to undergo rigorous imprisonment for a period of six months with a fine of Rs.1,000/-.

Counsel for the revisionist argues that the revisionist was on bail during the trial and he is in custody since 31.3.2021. It is stated that the revisionist is about 71 years of age and has spent considerable time in custody out of the total conviction order passed against him.

Looking to the above argument and the fact that the revision is not likely to be heard in near future, I consider the ground is sufficient and it will be appropriate to release the applicant-revisionist on bail.

Let the applicant-revisionist Samiullah Khan be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of trial Judge concerned in Case No. 1205 of 1995, (State Vs. Samiullah Khan) under Section 7/16 Prevention of Food Adulteration Act, 1954 P.S. Sahpau, District Hathras subject to undertaking that applicant-revisionist will cooperate with the hearing of the revision.

The realisation of fine shall remain stayed during the pendency of the present revision.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this revision.

The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

Order Date :- 18.6.2021/piyush