Ram Lal & 2 Ors. vs State Of U.P.
2021 Latest Caselaw 3819 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL REVISION No. - 189 of 2021
 

 
Revisionist :- Ram Lal & 2 Ors.
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Raj Priya Srivastava,Laxmi Saran Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the revisionists as well as learned A.G.A. for the State and perused the record.

The present revision under Section 397 read with Section 401 Cr.P.C. has been preferred against the judgment and order dated 16.02.2021 passed by Special Judge/Additional Session Judge, Lucknow in Criminal Appeal No.44 of 2019 "Ram Lal & others Vs. State of U.P." whereby the learned Appellate Court has dismissed the appeal and upheld the judgment and order dated 16.01.2019 passed by the Additional Chief Judicial Magistrate-II, Court No.26, Lucknow in Case No.4321 of 2012, arising out of Case Crime No.145/04, Police Station Mall, District Lucknow whereby learned trial court had convicted and sentenced the revisionists, who are brothers, for offence under Section 323 I.P.C. for one month rigorous imprisonment or fine of Rs.1000/- each; under Section 504 I.P.C. one month rigorous imprisonment or fine of Rs.1000/- each; under Section 325 I.P.C. three years rigorous imprisonment and fine of Rs.2000/- each and in default of payment of fine, to undergo further one month simple imprisonment.

All the offences for which the accused revisionists have been convicted and sentenced are compoundable offences under Section 320 Cr.P.C.

The accused revisionists are in jail since 16.02.2021. Learned counsel for the revisionists submits that he does not want to contest the case on merit, but since the offences are compoundable, this Court may compound the offences and release the accused revisionists.

Considering the aforesaid submissions, the revisionists are directed to be enlarged on bail forthwith, if they are not warranted in any other case. The revisionists are directed to deposit Rs.15,000/- each before the trial court within a period of one month from the date of their release. In case of failure, this order of compounding shall be treated to have been cancelled and the revisionists shall be taken into custody forthwith and sent to jail to undergo their remaining sentences. This amount of Rs.45,000/- (Rupees forty five thousand only), if deposited shall be disbursed by the learned trial court to the victim after due verification.

In view of the aforesaid, this revision stands disposed of finally.

Order Date :- 17.3.2021

Anand Sri./-