- (1.) V. K. Chaturvedi, J. This revision is preferred against the judgment and order dated 27-4-2001, passed by III A. C. C. M. , Kanpur Nagar allowing the application of the prosecution and fixing 30- 5-2001 for committal of the case under Section 395 I. P. C.
(2.) HEARD Sri M. S. Negi, learned Counsel for the revisionists and the learned A. G. A. It is contended that from the First Information Report as well as statements of the witnesses recorded under Section 161 Cr. P. C. , no offence under Section 395 I. P. C. is made out against the revisionists and further contended that on account of business rivalry, opposite party lodged a First Information Report against the revisionists. After investigation, charge-sheet has been submitted only under Sec tion 147, 452, 504 and 506 I. RC. and not under Section 395 I. P. C. As such, im pugned order be set aside. After hearing the submissions, made by the learned Counsel for the par ties and perusing the entire materials on record during the trial of case No. 2859 of 1998, trial Court recorded the statement of Manish Kumar Gupta. In his statement, he has stated that in alleged incident revisionists, Anand Kumar Gupta and Ravindra have taken Rs. 1250 from the purse of Girish and a wrist watch was also snatched from the hand of Manish Kumar Gupta. After his statement, an application was moved by the prosecution to commit the case to the Court of Sessions a&prima facie, an offence under Section 395 I. P. C. is disclosed against the revisionists, after hearing the arguments advanced by the prosecution as well as Counsel for the accused persons, impugned order has been passed, in the opinion of this Court, im-pugned order does not suffer form any illegality and infirmity and impropriety. The revision is accordingly dismissed.
(3.) AFTER this order, Mr. Negi, learned Counsel for the revisionists argued that the revisionists were granted bail in case crime No. 125 of 1998 under Section 147, 452, 323, 504 and 506 I. P. C. further argued that if the case is committed to Court of Sessions under Section 395 I. P. C. then again they shall be sent to jail. Considering the facts and cir cumstances of the case, if the revisionists Anand Kumar Gupta and Ravindra Gupta appear surrender before the trial Court on the next date fixed Le. 30-5-2001 in pur suance of the order dated 27-4-2001. They will be allowed to continue on bail on furnishing fresh bond for the offence under Section 395 I. P. C. as they were on bail in the case crime mentioned above and have not misused the liberty of bail. It is accordingly directed that the Illrd A. C. C. M. , Kanpur shall accept fresh bail bonds for the offence mentioned above and the revisionists shall continue to be on bail. Revision disposed of. .;