Sonpal And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 162 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 88
 

 
Case :- CRIMINAL REVISION No. - 4654 of 2022
 

 
Revisionist :- Sonpal And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Amit Srivastava,Rajesh Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Raj Beer Singh,J.

Supplementary affidavit filed by learned counsel for revisionists is taken on record.

Learned counsel for the revisionists and learned A.G.A. for the State are present.

Issue notice to opposite party no.2 returnable at an early date.

List on 20.02.2023 in the additional cause list

Order on Criminal Misc. Bail Application No.01 of 2022.

Heard on the bail application.

It has been argued by learned counsel for the revisionists that the revisionists have been convicted by the trial court, under Section 326/34 and 452 IPC, vide judgment and order dated 03.03.1987, passed by IIIrd Additional Sessions Judge, Aligarh. The revisionists were sentenced to two years R.I. along with fine of Rs.500/- each under Section 326/34 IPC and six months R.I. along with fine of Rs.100/- each under Section 452 IPC. Learned counsel further submitted that the appeal filed by the revisionists has already been dismissed by the Court of Additional Sessions Judge, Court No.13, Aligarh, vide impugned order dated 29.09.2022. Now, the revisionists are in custody since 09.11.2022 and they have already undergone the custody of about two months. The incident relates to the year 1984 and now all the revisionists are senior citizens. Referring to facts and evidence of the matter, it was submitted that there is no credible evidence against revisionists. It was submitted that in view of aforesaid facts and circumstances of the case, the revisionists may be granted bail by this Court during pendency of this revision.

Learned AGA has opposed the prayer for bail.

Considering the evidence and all attending facts of the matter and without expressing any opinion on merits of the case, the bail application of revisionists is allowed.

Let the revisionists Sonpal, Anil Kumar and Lakshaman convicted in S.T. No.67 of 1986, arising out of case crime No.398 of 1984, under Sections 326/34 and 452 IPC, police station Atrauli, district Aligarh, be released on bail during pendency of this revision, subject to furnishing a personal bond of Rs.50,000/- and two local sureties in the like amount to the satisfaction of the court concerned.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court below to be kept on record.

Order Date :- 3.1.2023

Neeraj