Smt. Rekha Devi vs State Of U.P.
2023 Latest Caselaw 36453 ALL

Allahabad High Court

Smt. Rekha Devi vs State Of U.P. on 22 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:242680
 
Court No. - 82
 

 
Case :- CRIMINAL REVISION No. - 6596 of 2023
 

 
Revisionist :- Smt. Rekha Devi
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Dileep Kumar Srivastava
 
Counsel for Opposite Party :- G.A.,Shrawan Kumar Tripathi
 

 
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 judgment and order dated 11.12.2023 passed by Additional Sessions Judge, Court No. 2, Basti in Criminal Appeal No. 42 of 2021 (Sanjay Kumar @ Ranjan Prasad and another Vs. State of U.P.), under Sections 332, 353, 506 IPC, Police Station-Haraiya, District-Basti against the appellant (Smt. Rekha Devi) and the said Court also modifying the Trial Court order dated 30.10.2021 passed by Additional Chief Judicial Magistrate, First Court No. 09, Basti in Criminal Case No. 131 of 2011 (State Vs. Sanjay Kumar and Others), arising out of Case Crime No. 457 of 2010, under Sections 323, 332, 353, 504 and 506 IPC convicting the revisionist.

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 has surrendered and is in jail since 11.12.2023. It has also been submitted by learned counsel for the revisionist that the revisionist was on bail during the trial of the case.

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-Smt. Rekha Devi 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 six weeks 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 :- 22.12.2023

Shivani