CRLR/562/2023
2023 Latest Caselaw 2303 UK

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                                  CRLR No.562 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Sanjay Kumar, Advocate for the revisionist.

2. Mr. S.S. Adhikari, Deputy A.G. with Ms. Shivangi Gangwar, Brief Holder for the State.

3. This is IA No.01 of 2023 moved by the revisionist/convict seeking exemption from surrendering before the court below pursuant to the judgment/order dated 28.07.2023 passed by 1st Additional Sessions Judge, Udham Singh Nagar in criminal appeal no.33/2014 whereby the revisionist/convict has been convicted under Sections 409, 420, 467, 468, 471, 477A of IPC and has been sentenced accordingly.

4. Learned counsel for the revisionist/convict would submit that the revisionist/convict is suffering from acute diabetes and has been suggested to amputation of foot and has also been diagnosed to HIV positive.

5. Per contra, learned State Counsel would submit that the revisionist/convict is relying upon the medical report of KVR Hospital, Kashipur and one Azad Pathology Lab (page 111 and 114) and these reports are dated 13.07.2023 and 16.07.2023, respectively and these are procured from a private hospital whereas the revisionist/convict has also visited AIIMS, Rishikesh on 04.08.2023 and 05.8.2023 and in these reports there is no mention of the amputation of food and HIV disease. He prays for and is granted two weeks time to file reply to the Exemption Application with advance copy to the counsel for the revisionist/convict.

6. List on 29.09.2023.

7. Till then, the revisionist/convict is exempted from surrendering before the court below.

(Vivek Bharti Sharma, J.) 17.08.2023 Rajni