Allowed

Kaptan Singh and Another v. State of Up and Another

Allahabad HC14 Aug 2024CRLR/824/2024

Case brief

AI extract

What is this about?

This criminal revision petition concerned appeals against conviction and sentence under Sections 420, 468, and 506 IPC. The High Court granted bail to the revisionists pending the final hearing of the revision.

What did the court decide?

Revisionists released on bail via personal bond of Rs. 50,000/- and two sureties, subject to undertaking to cooperate and deposit half the fine within one month.

Kaptan Singh and Another vs State of Up and Another — Bail and Remand | Allahabad HC (2024)

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Court No. - 86

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Case :- CRIMINAL REVISION No. - 824 of 2024

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Revisionist :- Kaptan Singh And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Onkar Nath Counsel for Opposite Party :- Dharmendra Pratap Singh,G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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Order on prayer for bail/suspension of sentence in memo of revision.

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The instant criminal revision has been preferred by the revisionists against the judgment and order dated 10.01.2024 passed by learned Additional Session Judge Court No.1, Etah, in Criminal Appeal No.50 of 2022, whereby the conviction and sentence recorded by the learned trial court against the revisionist and one tehsildar in Complaint Case No. 2079 of 2022 for charge under Sections 420, 468, 506 IPC has been affirmed.

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The revisionists are sentenced to five years rigorous imprisonment and Rs.5,000/- fine for charge under Section 420 IPC, five years rigorous imprisonment and Rs.5,000/- fine for charge under Section 468 IPC and two years rigorous imprisonment and Rs.2,000/- fine for charge under Section 506 IPC.

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Heard learned counsel for the revisionists, learned counsels for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record.

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Learned counsel for the revisionists submits that according to prosecution version the accused persons got the sale deed executed from mentally disabled son of the complainant regarding his agricultural land by playing fraud upon him. On 23.05.2006 had got the same registered before the Sub Registrar concerned. The name of the purchasers/ accused persons are mutated on the basis of said sale deed, but mutation order was set-aside on objections of the complainant.

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Learned counsel for the revisionists submitted that the revisionists are held in jail custody since 12.02.2024 after dismissal of their appeal by learned appellate court the total custody including period of custody during investigation and trial comes out around more than ten months. He next submitted that original sale deed was not

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produced during trial and even Pooran Singh the vendor has not turned up to record his statement during trial.

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He prays for enlarging the revisionists on bail during the pendency of present revision, and further submitted that present revision is not likely to be taken up for hearing in near future, due to heavy backlog. There is no allegation against them regarding misuse of liberty of bail. The accused-revisionists undertake to abide by the conditions of bail.

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Per contra, learned counsel for respondent No.2 submitted that offence is of serious nature, execution of sale deed was not produced due to fact that he is mentally sound condition. Revisionists prayed for bail in present criminal revision, however he has not disputed the period of custody in jail.

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Considering the rival submissions made by the parties and nature of offence and the quantum of punishment awarded and the fact that revision is not likely to be decided early, due to pendency of backlog cases and without further commenting on the merits of the case this Court deems it fit to enlarge the accused-revisionists on bail during the pendency of this revision.

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Let revisionists, Kaptan Singh and Ganga Singh convicted and sentenced in the above case be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned, subject to furnishing undertaking that they will cooperate in the hearing of the revision.

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Half of the fine imposed shall be deposited within one month after release and remaining fine shall remain stayed, and in case of failure in depositing the amount of fine within the stipulated period, the trial court will take coercive action against the revisionist.

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Order on memo of revision.

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Summon the lower court record.

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List this revision be listed for final hearing in its due course.

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Order Date :- 22.10.2024 Ashish/-

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Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad

Kaptan Singh and Another v. State of Up and Another

Case brief

What is this about?

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Kaptan Singh and Another v. State of Up and Another

Case brief

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What did the court decide?

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