Iqbal vs State Of U.P.
2022 Latest Caselaw 1594 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- CRIMINAL REVISION No. - 1532 of 2022
 
Revisionist :- Iqbal
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Sunita Chauhan,Jalaj Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Admit

Summon the lower court record.

Heard learned counsel for the revisionist and learned A.G.A. for the State. Perused the record.

This criminal revision has been filed by the revisionist against the judgment and order dated 29.10.2018 passed by the Judicial Magistrate, Baheri, Bareilly whereby the appellant was convicted under Section 354 IPC for one year simple imprisonment and Rs. 5,000/- as find. When the said order was challenged the revisional court too has affirmed the order of conviction dated 29.10.2018.

It has been pointed out by learned counsel for the revisionist that the revisionist is in jail since 28.3.2022 and there is no likelihood of this revision to be heard in near future in the wake of heavy pendency of case in the court. Submission is that there is reasonable prospect of this revision being allowed substantially on the point of sentence after final hearing takes place.

Notice on behalf of opposite party no.1 has been accepted by learned A.G.A.

Issue notice to the opposite party no.2 returnable within four weeks.

Opposite party no.2 may file counter affidavit within three weeks after the service. Learned A.G.A. may also file counter affidavit within the same period.

Rejoinder affidavit may be filed within two weeks thereafter.

List this matter immediately after expiry of the aforesaid period along with lower court record before the appropriate bench.

In the peculiar facts and circumstances of the case, let the revisionist Iqbal, convicted and sentenced in criminal appeal no. 216 of 2018 (Iqbal and another Vs. State of U.P.) and Case Crime No. 454 of 2011, under Section 354 IPC, Police Station - Devraniya, District - Bareilly be released on bail on his furnishing a personal bond and two heavy sureties each of his family members and/or relatives to the satisfaction of the court concerned.

Within one month from the release of the revisionist, the entire amount of fine shall be deposited.

As soon as personal and surety bonds are furnished, photostat copies of the same are directed to be transmitted to this Court forthwith by the concerned court below to be kept on record.

Order Date :- 27.4.2022

Arif