Kariyal vs State Of U.P. & Others on 1 July, 2010

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Allahabad High Court
Kariyal vs State Of U.P. & Others on 1 July, 2010
Court No. - 50

Case :- CRIMINAL REVISION No. - 2431 of 2010

Petitioner :- Kariyal
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Sengar Vineet Singh
Respondent Counsel :- Govt. Advocate

Hon'ble Shyam Shankar Tiwari,J.

Heard learned counsel for the revisionist and the learned AGA for the State.

This revision has been preferred by the revisionist Kariyal to set aside the
judgment and order dated 27.8. 2008 passed by respondent no.2 and the
appellate order dated 2.4.2010 passed by the learned Additional Sessions
Judge under Section 198A(2) of U.P.Z.A. & L.R. Act, whereby the revisionist
has been convicted under section 198A of U.P.Z.A. & L.R. Act and sentenced
to undergo rigorous imprisonment of one year in additional to fine of
Rs.3000/-.

It is contended by the learned counsel for the revisionist that the impugned
order passed by the court below is not justified as there was no sufficient
evidence on the record.

Admit.

Considering the quantum of sentence and the nature of evidence without
expressing any opinion on the merits of the case let the revisionist convicted
and sentenced in Case No.8 of 2003, Crime No.137 of 1997 State Vs.Kariyal
under section 198A(2) of U.P.Z.A.& L.R. Act, P.S. Sajeti district Kanpur
Dehat be released on bail on his executing a personal bond and furnishing two
sureties each in the like amount to the satisfaction of court concerned.

Realization of fine in respect to above applicant/revisionist to the extent of
half shall remain stayed. Balance amount of fine shall be deposited forthwith.
The release order shall be sent after deposit of fine.
Order Date :- 1.7.2010
Ak/

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