In Criminal Misc. Bail Application, the Hon'ble Court granted bail to the revisionist Daya Ram Alias Dasai, arrested on non-bona fide grounds following counsel death, subject to appearing on fixed dates.
Release of revisionist Daya Ram Alias Dasai on bail subject to appearing on every fixed date.
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Court No. - 12
Case :- CRIMINAL REVISION No. - 2080 of 1998 Revisionist :- Daya Ram Alias Dasai Opposite Party :- State Of U.P. Counsel for Revisionist :- P.K.Sharma Counsel for Opposite Party :- Govt.Advocate
Hon'ble Neeraj Tiwari,J.
Criminal Misc. Bail Application No.1 of 2018
Heard learned counsel for the revisionist and learned A.G.A. for the State.
Learned counsel for the revisionist is permitted to make necessary correction in the application during the course of day.
The criminal revision has been filed against the judgment and order dated 03.12.1998 passed by Sessions Judge, Jhansi in Criminal Appeal No. 63 of 1998, dismissing the appeal and confirming the conviction and sentence passed by the Additional Chief Judicial Magistrate, Railway, Jhansi in Case No.4293 of 1987, under Section 3 Indian R.P. U.P. Act, 1966 and awarded one year rigorous imprisonment for the alleged offence.
Learned counsel for the revisionist submitted that this Court has issued non-bailable warrant dated 6.10.2018 due to nonappearance of learned counsel for the revisionist. He further submitted that, in fact, earlier counsel Sri P.K. Sharma died due to which no one could appear on behalf of the revisionist and revisionist was arrested by police on 30.10.2018. He further submitted that non-appearance on behalf of the revisionist is bonafide for the reason discloses hereinabove as revisionist is at no fault. He lastly submitted that considering the circumstances of the case, he may be enlarged on bail.
Considering the facts and circumstances of the case and also perusing the material on record, let the revisionist Daya Ram Alias Dasai involved in Case No.4293 of 1987, under Section 3 Indian R.P. U.P. Act, 1966, Police Station Barua Sagar, District Jhansi be released on bail subject to the condition, he shall be represented by his counsel or by himself on every fixed date in the revision.
Order Date :- 3.12.2018 Junaid
1 issue framed by the court
Whether the revisionist Daya Ram Alias Dasai should be released on bail considering his arrest and non-appearance due to death of counsel.
Daya Ram Alias Dasai
State Of U.P.
Neeraj Tiwari
As recorded by the court registry
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