Citation : 2023 Latest Caselaw 523 ALL
Judgement Date : 5 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL REVISION No. - 4850 of 2022 Revisionist :- Mohd. Wasif Nawab Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Syed Irfan Ali Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Shri Mohd. Qamar Shah Alam Khan holding brief of Sri Syed Irfan Ali, learned counsel for the revisionist and Sri B.B. Upadhyay, learned counsel for the State.
The present revision has been filed with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present bail application by realizing the present revisionist on bail in pursuance of the judgment and order dated 29.07.2022 passed by Additional District/Session Judge Court no.5 Aligarh in Criminal Appeal No.700044 of 2013 (Criminal Appeal No.44 of 2013) (State Vs. Mohd. Wasif Nawad and others) arising out of Case Crime No.161 of 2007, u/s 498-A, 323 IPC and 3/4 D.P. Act, P.S. Kotwali Nagar, District Aligarh convicting the revisionist/appellant u/s 498-A, 323 IPC and 3/4 D.P. Act, P.S. Kotwali Nagar, District Aligarh and to acquit the revisionist/applicant against the charges levelled against him.
It is further prayed that this Hon'ble Court may also be pleased to release the revisionist/applicant on bail and to stay the realization of fine during the pendency of the present revision before this Hon'ble Court, otherwise the revisionist shall suffer irreparable loss and injury."
Learned counsel for the revisionist states that the present revision be dismissed as withdrawn as after the judgement and order of the appellate court, the revisionist has not surrendered in spite of his being granted seven days' time to appear/surrender before the trial court. He further states that the revisionist shall pursue the remedy available under law to him.
Prayer as prayed is allowed.
The present Criminal Revision is, accordingly, dismissed as withdrawn.
(Samit Gopal, J.)
Order Date :- 5.1.2023
Gaurav
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