Allahabad High Court
Son Pal vs State Of U.P. Thru. Prin. Secy. Home Lko. on 16 December, 2023
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:83286
Court No. - 15
Case :- CRIMINAL REVISION DEFECTIVE No. - 453 of 2023
Revisionist :- Son Pal
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Revisionist :- Brijendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
In Re C.M. Application No. 2 of 2023- Condonation
As per the report of stamp reporter, this revision is filed beyond time by 240 days.
Learned counsel for the applicant submits that this delay was not deliberate and the condition is beyond his control and the reason has been given in paragraphs no. 3 and 7, thus, he submits that delay in filing the criminal revision may be condoned.
Learned A.G.A. appearing for the State submits that the reason appears to be convincing and justified thus, he do not propose to file any counter affidavit.
After considering the arguments advanced by learned counsel for the parties and after perusal of ground taken in paragraphs 3 and 7 of the affidavit filed in support of application for condonation of delay, the reason appears to be justified and convincing, accordingly, delay in filing the present revision is condoned.
The application is allowed. Delay is condoned.
Office is directed to allot regular number to this revision
Order on Revision
Heard learned counsel for the appellant and learned A.G.A. for the State.
Perused the impugned judgment.
Admit.
Summon the lower court record.
Notice has already been received by learned A.G.A. on behalf of the State.
List this revision in the due course of hearing.
Order on Bail.
Heard Shri Brijendra Singh, learned counsel for the revisionist and learned A.G.A. for the State.
The revisionist/applicant, Son Pal, seeks bail in this revision, which has been preferred against the judgment and order dated 17.01.2023 passed by learned Additional Sessions Judge Bahay Court Mohmmadi Lakhimpur Kheri in Criminal Appeal No. 68 of 2011"Son Pal Vs. State of U.P.." as well as judgment and order dated 08.11.2011 passed by learned Judicial Magistrate Mohmmadi Lakhimpur Kheri in Criminal case No. 257 of 2011, Case Crime No. 2098 of 2010 under section 326 of IPC at Police Station Mohmmadi, District- Lakhimpur Kheri convicting and sentencing the revisionist for offence punishable under section 326 of IPC, 3 years rigorous imprisonment and fine of Rs.1,000/- in default of payment three months further imprisonment in lieu of fine.
Learned counsel for the revisionist submits that revisionist was on bail during pendency of appeal which was never misused by him. There is no likelihood of this revision to be heard at an early date or in near future in the wake of heavy pendency of cases in the court.
Several other submissions in order to demonstrate the falsity of the allegations made against the revisionist have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the revisionist that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him.
Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmities on record there is a reasonable prospect of this revision being allowed after final hearing takes place.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early hearing and conclusion of revision, this Court is of the view that the revisionist may be enlarged on bail.
Let the revisionist-Son Pal convicted and sentenced in Criminal Case No. 257 of 2011 arising out of Case Crime No. 2098 of 2010 under section 326 of IPC at Police Station Mohmmadi, District- Lakhimpur Kheri be released on bail on his executing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that fine, if any, is not stayed and the same be deposited by the revisionist within two months after he is enlarged on bail.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
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 :- 16.12.2023
Mayank
