Chandra Kant Purohit vs State Of U.P. And Another
2022 Latest Caselaw 18945 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 88
 

 
Case :- CRIMINAL REVISION No. - 4785 of 2022
 

 
Revisionist :- Chandra Kant Purohit
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Saurabh Basu,Premnendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned counsel for the revisionist, learned AGA for the State and perused the record.

This criminal revision is filed against the judgment and order dated17.03.2020 passed by ACJM, NCR Railway, Jhansi in case no.7461 of 2019 arising out of case crime no.1019 of 2018, under section143 Railways Act, P.S. RPF, Post Lalitpur and order dated 10.11.2022 passed by Additonal Sessions Judge, court no.3, Jhansi.

By the impugned order dated 17.03.2020, the revisionist-accused has been held guilty for offence U/s 143 (1) of Railways Act, P.S. RPF, Post-Lalitpur and has been sentenced to one year simple imprisonment and with a fine of Rs.8000/- and in default of payment of fine to undergo twenty days additional simple imprisonment. The appeal filed against the aforesaid judgment has also been dismissed by the appellate court.

Admit.

Learned AGA has accepted notice for State of U.P.

Notice be issued to opposite party no.2 returnable at an early date.

Counter affidavit may be file within four weeks.

Rejoinder affidavit, if any, may be file within one week thereafter.

List after five weeks for hearing.

Re: Cri. Misc. Bail Application No.1 of 2022.

It is contended by the learned counsel for the revisionist that there is no cogent evidence against the revisionist. The learned trial court has failed to appreciate the evidence and the order of conviction suffers from material illegality. Learned appellate court has also failed to appreciate the matter.

The revisionist is admitted to bail.

Let the revisionist- Chandra Kant Purohit in the aforesaid case crime be released on bail on his furnishing personal bonds two sureties each in the like amount to the satisfaction of the Magistrate concerned.

On acceptance of bail bonds and personal bonds, the lower court concerned shall transmit photostat copies thereof to this Court for being kept on the record.

It is clarified that realization of the fine amount shall not be stayed. The same be deposited within two weeks after his release.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

The computer generated copy of such order shall be self attested by the counsel of the party concerned.

The concerned Court/Authority/Official shall verify the authenticity of such 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 :- 28.11.2022

C. MANI