Mohd. Shakir vs State Of U.P.
2023 Latest Caselaw 36452 ALL

Allahabad High Court

Mohd. Shakir vs State Of U.P. on 22 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:242649
 
Court No. - 82
 

 
Case :- CRIMINAL REVISION No. - 6591 of 2023
 

 
Revisionist :- Mohd. Shakir
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Manoj Singh,Ranjana Gaur
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ms. Nand Prabha Shukla,J.
 

Let the name of Sri Manoj Singh as counsel for the revisionist be deleted.

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

The instant criminal revision has been preferred against the Judgment and Order dated 06.12.2023 passed by Additional Sessions Judge, Court No. 3, Pilibhit in Criminal Appeal No. 57 of 2022 (Mohd. Shakir Vs. State of U.P. and Another) and Criminal Appeal No. 01 of 2023 (Smt. Shabi Vs. State of U.P. and Others) and Judgment and Order dated 16.11.2022 passed by Additional Chief Judicial Magistrate, Court No. 2, District-Pilibhit in Criminal Case No. 2444 of 2011 (State Vs. Mohd. Shakir and Others) arising out of Case Crime No. 119 of 2007 under Section 498-A IPC and Section 3/4 D.P. Act, Police Station-Diyoriyakalan, District-Pilibhit.

Learned counsel for the revisionist submitted that the court below has not appreciated the evidence on record while convicting and sentencing the accused revisionist. However, looking to the nature of offence, revisionist is in jail since 06.12.2023. It has also been submitted by learned counsel for the revisionist that the revisionist was on bail during the pendency of the trial as well as during the pendency of the appeal.

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 A.G.A. has vehemently opposed the bail of the revisionist.

Let the revisionist-Mohd. Shakir convicted and sentenced in aforesaid case be released on bail on her 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 from the date of the order.

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 :- 22.12.2023

Shivani