Allahabad High Court
Jagdish Prasad Yadav vs State Of U.P. Thru. Prin. Secy. ... on 2 February, 2022
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL REVISION No. - 921 of 2021
Revisionist :- Jagdish Prasad Yadav
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Anr.
Counsel for Revisionist :- Pradeep Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Admit.
Summon the lower court record.
Order Date :- 2.2.2022
S. Shivhare
Case :- CRIMINAL REVISION No. - 921 of 2021
Revisionist :- Jagdish Prasad Yadav
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Anr.
Counsel for Revisionist :- Pradeep Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
C.M. Application No.172429 of 2021
The Court convened through video conferencing.
The present bail application is filed on behalf of the revisionist in Case No.499 of 2019 arising out of Case Crime No.236 of 1984, under Sections 409, 420 I.P.C., P.S. Baldirai, District Sultanpur, State vs. Jagdish Presad Yadav, with the prayer to enlarge him on bail.
Learned counsel for the revisionist-applicant has submitted that the applicant is aged about 73 years. He further submitted that he was falsely implicated on the basis of embezzlement of Rs.1,372/-. He further submitted that trial court has convicted the revisionist under Section 409 I.P.C. for a period of 3 years imprisonment with a fine of Rs.5,000/-, in case of default in payment of fine additional imprisonment of one month, and under Section 420 I.P.C. for a period of 3 years imprisonment with a fine of Rs.5,000/-, in default of payment of fine additional imprisonment of one month. He further submitted that the revisionist was on bail during the course of trial and he never misused the liberty of bail.
Learned counsel for the revisionist-applicant has further submitted that signature of the revisionist was not sent to F.S.L. for expert opinion and merely on the basis of statement of witnesses, he has been convicted by the trial court. He further submitted that an appeal was filed which was also rejected and the judgment of trial court was not considered in true prospective. He further submitted that in near future, there is no possibility for final hearing of the present criminal revision and the revisionist never misused the liberty either during the course of trial or during pendency of the appeal. He further submitted that the revisionist is in jail since 08.12.2021. Therefore, the revisionist is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail of the revisionist and submitted that after trial, the court below has convicted the revisionist under Sections 409, 420 I.P.C. and his appeal is also dismissed, but he does not dispute this fact that revisionist was on bail during the course of trial.
Considering the arguments of learned counsel for the revisionist as well as learned A.G.A. and going through the judgment of the appellate court as well as trial court, it is evident that signature was not sent to F.S.L. for expert opinion and merely on the basis of statements, revisionist was convicted, and it is also evident that the entire prosecution case is based on withdrawal of Rs.1,372/- from the account, therefore, signatures on necessary forms for withdrawal of money were to be examined. In such circumstances, the matter requires consideration.
Accordingly, the application for bail is allowed.
Let the applicant-revisionist - Jagdish Prasad Yadav - be released on bail in the aforesaid Case Crime, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
As soon as personal bond and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this revision.
In the meantime, deposition of fine by the applicant-revisionist shall remain stayed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 2.2.2022
S. Shivhare
