CRLR/121/2021
2022 Latest Caselaw 999 UK

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                                  CRLR No.121 of 2021

                                  Hon'ble N.S. Dhanik, J.

Mr. Sanjay Kumar, learned counsel for the revisionist.

Mr. A.K. Shah, learned A.G.A. for the State.

Mr. Raj Kumar Singh, learned counsel for respondent no.2.

Admit.

Call the typed/scanned copy of the lower Court's record (TCR).

List this case after the receipt of TCR.

Heard learned counsel for the parties on bail application.

It is stated by learned counsel for the revisionist that the revisionist was on bail during trial as well as during appeal and he never misused the bail granted to him. It is also submitted by learned counsel for the revisionist that the lower court passed the impugned judgment merely on the basis of surmises and conjectures, while it is not proved in any manner that any debt was legally enforceable against the revisionist and that there are major contradictions regarding the date of payment of loan by the complainant to the revisionist. Furthermore, he submitted that the revisionist is languishing in jail since 14.03.2022.

Learned State Counsel although opposed the bail application but admitted that the revisionist was on bail during trial as well as during appeal.

Learned counsel for respondent no.2 submitted that he has no objection to the revisionist's bail, if the revisionist will deposit Rs.1.5 lakh within 20 days, from the date of his release, before this Court.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, I am on the opinion that the revisionist deserves bail at this Stage. Hence, the bail application is allowed.

Let the revisionist be released on bail on executing a personal bond and furnishing two reliable sureties, to the satisfaction of Court concerned, subject to deposit Rs. 1.5 Lakh within 20 days from his release to this Court. This shall be the subject matter of the final decision.

In case, the revisionist fails to deposit Rs. 1.5 Lakh within 20 days, from the date of his release, respondent no.2 will have the right to file a bail cancellation application against the revisionist.

(N.S. Dhanik, J.) 30.03.2022 RV