CRLR/346/2022
2022 Latest Caselaw 1983 UK

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      05.07.2022
                                            CRLR No. 346 of 2022
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Lalit Sharma, Advocate, for the revisionist.

Mr. Lalit Miglani, Assistant Government Advocate, along with Ms. Sonika Khulbe, Brief Holder, for the State.

As against the judgment of acquittal for the alleged involvement of the present revisionist for the commission of the offences under Sections 420, 467, 468, 471 of IPC, which was registered against him at P.S. Kashipur, district Udham Singh Nagar, vide FIR No. 1468 of 2007, a Criminal Case No. 2093 of 2012, was conducted by the Court of Judicial Magistrate, district Udham Singh Nagar, and considering the evidence which was brought on record, the learned trial Court had rendered the judgment of acquittal in favour of the revisionist.

The said judgment was put to challenge by the State in a Criminal Appeal No. 4 of 2018. The learned Appellate Court, vide its judgment dated 06.05.2022, had reversed the judgment and had convicted the revisionist sentencing him 5 years of rigorous imprisonment and has imposed a fine of Rs. 2,000/-.

Having heard the learned counsel for the parties, and having gone through the appellate Court's judgment, since being a judgment of reversal, it was expected that the Appellate Court ought to have considered or reversed the finding based rationale which was adopted by the learned trial Court while acquitting the revisionist.

Having not done so apparently seems that the judgment has been rendered without application of mind. Apart from it, the learned counsel for the revisionist has also argued that the co-accused Hardayal Singh has already been released on bail.

Admit the revision.

Summon the lower Court records. Connect this criminal revision with CRLR No. 314 of 2022.

The appellant is directed to be released on bail subject to furnishing of his personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. But, however, it is made clear that the release of the revisionist on bail would be subject to the depositing of the penalty imposed by the Court below.

(Sharad Kumar Sharma, J.) 05.07.2022 Mahinder/