Akhtar Husain Ansari vs State Of U.P. And Another
2022 Latest Caselaw 20436 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- CRIMINAL REVISION No. - 583 of 2022
 

 
Revisionist :- Akhtar Husain Ansari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Mashaluddin Shah,Diwan Saifullah Khan
 
Counsel for Opposite Party :- G.A.,Arvind Agrawal
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Sri Arvind Agrawal, Advocate has put in appearance on behalf of opposite party no.2.

Admit.

Summon the lower court's record.

Heard learned counsel for the revisionist, learned counsel for opposite party no.2 and learned AGA for the State.

The instant revision has been filed against the judgment and order dated 20.1.2022 passed by the Sessions Judge, Firozabad in Criminal Appeal No.32 of 2017 and the judgment and order dated 12.7.2017 passed by Chief Judicial Magistrate, Shikohabad, Firozabad in complaint case no.173 of 2014 convicting and sentencing the revisionist under Section 138 N.I Act for one year and fine of Rs.2,60,000/- and in case of default, further imprisonment for two months.

Learned counsel for the revisionist has submitted that the revisionist is in jail since January, 2022 pursuant to the impugned order dated 12.7.2017 whereby he was awarded sentence of one year simple imprisonment along with fine of Rs.2,60,000/- under Section 138 of Negotiable Instruments Act, out of which Rs.2,50,000/- was required to be paid to the complainant.

Learned counsel for opposite party no.2 and learned AGA pray for and are granted four weeks' time to file counter affidavit.

Rejoinder affidavit, if any, be filed within two weeks thereafter.

Looking to the facts and circumstances of the case and rival submissions, I find it a fit case for bail.

Let the revisionist Akhtar Husain Ansari be enlarged on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above case number for the above offence provided the entire amount of fine is paid by the revisionist within two months next after his release an in case of non-compliance of the aforesaid order, the revisionist shall surrender before the lower court concerned to serve out the sentence so awarded.

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.

Learned counsel for the revisionist shall file an affidavit of compliance in regard to the payment made by him to this Court.

List this revision in due course for final hearing.

It is made clear that in case the revisionist fails to comply with aforesaid promise, this bail order shall ipso facto stand cancelled without any further order being passed in that connection.

Order Date :- 9.12.2022

SP