Sanjay Singh vs State Of U.P.
2023 Latest Caselaw 35897 ALL

Allahabad High Court

Sanjay Singh vs State Of U.P. on 19 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:239994
 
Court No. - 82
 

 
Case :- CRIMINAL REVISION No. - 5391 of 2023
 

 
Revisionist :- Sanjay Singh
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Pushpa Joshi,Ghanshyam Joshi,Om Prakash
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ms. Nand Prabha Shukla,J.
 

Heard learned counsel for the revisionist and learned A.G.A. for the State.

The instant criminal revision has been preferred against the impugned judgment and order dated 03.08.2023 passed by Additional Sessions Judge, Court No. 3, Mirzapur in Criminal Appeal No. 09 of 2017 and order dated 15.02.2017 passed by Additional Chief Judicial Magistrate/Civil Judge Senior Division, F.T.C. Mirzapur in Criminal Case No. 1006 of 2016 bearing Case Crime No. 500 of 2014, under Sections 326, 324, 504 IPC, P.S.-Pindari, District-Mirzapur.

Learned counsel for the revisionist submitted that initially the learned Trial Court had convicted the revisionist under Sections 326, 324 and 504 IPC but the Appellate Court had affirmed the conviction only against Section 326 IPC and acquitted the appellant under Sections 324 and 504 IPC. It has also been submitted by learned counsel for the revisionist that the main role of stabbing has been assigned to the revisionist. It has also been argued that the doctor has given a vague opinion regarding the weapon used and has only stated that the injuries were caused with a sharp edged weapon. As per the medico-legal report, the injury was 5x3 cm which cannot be caused with a knife and also does not corroborate with the statement of the witnesses. There is no recovery of weapon.

It is also submitted by learned counsel for the revisionist that the court below has not appreciated the evidence on record while convicting and sentencing the accused revisionist. It has also been submitted by learned counsel for the revisionist that the revisionist remained on bail during the pendency of the appeal. There is no criminal history. Revisionist is languishing in jail since 03.08.2023.

Admit.

Issue notice.

Summon the lower court record.

Keeping in view the facts and circumstances of the case, I find it a fit case for enlarging the accused-revisionist on bail during pendency of present criminal revision.

Learned AGA has vehemently opposed the bail of the revisionist.

Let the revisionist-Sanjay Singh convicted and sentenced in aforesaid case be released on bail on his furnishing personal bond with two sureties each to the like amount to the satisfaction of the court concerned.

Fine to the extent of 50% is stayed, while the balance shall be deposited within 30 days after release.

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

List this revision in due course.

Order Date :- 19.12.2023

Shivani