Citation : 2022 Latest Caselaw 4352 ALL
Judgement Date : 26 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL REVISION No. - 640 of 2022 Revisionist :- Mohd. Zaid And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vikas Srivastava,Anshul Tiwari Counsel for Opposite Party :- G.A.,Mohd. Farooq Hon'ble Rajiv Gupta,J.
Heard learned counsel for the revisionists, Shri Sageer Ahmad, assisted by Shri Mohd. Farooq, learned counsel for O.P. No.2 and learned A.G.A. and perused the record.
The present criminal revision, under Section 397/401 Cr.P.C. has been filed to set-aside the judgment and order dated 31.1.2022 passed by Additional Sessions Judge, court NO.3, Allahabad in S.T. No. 240 of 2018, State Vs. Nurain and others, arising out of case crime no. 94 of 2018, under sections 147, 148, 149, 302, 307, 427/34 I.P.C. and section 7 of Criminal Law Amendment Act P.S. Nawabganj, District Prayagraj.
At the very outset learned counsel for the revisionists/applicants has informed this Court that Revisionist/Applicant No.1 has already expired and as such the instant revision against revisionist/applicant no. 1 Mohd Zaid be dismissed as having become infructuous.
The prayer for dismissing the instant revision for revisionist/applicant no.1 is allowed and is dismissed as having become infructuous.
After some arguments, learned counsel for surviving revisionist has submitted that he does not want to press other prayer made in the revision and submits that the revisionist/applicant no.2, Meraz is ready to appear and apply for bail before court below.
Learned A.G.A. and learned counsel for opposite party no.2 has vehemently opposed the prayer.
However, considering the facts and circumstances of the case, it is provided that in case the revisionist/applicant no.2, Meraz appears before court below and applies for bail within two weeks from today, his prayer for bail shall be considered and disposed of expeditiously in accordance with law.
For a period of two weeks no coercive action shall be taken against the revisionist/applicant no. 2, Meraz in the aforementioned criminal case.
With the aforesaid directions, this criminal revision is finally disposed of.
Order Date :- 26.5.2022
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