- (1.) This criminal revision is directed against the order dated 8.3.2013 passed by Sri Sriprakash, Special Judge, SC/ST, Kanpur Nagar in Crl. Misc. Case No. 1 of 2013 (Sunil Kumar Shukla vs. State of U.P.) whereby on the application of complainant/opposite party no.2 Sunil Kumar Shukla, the bail granted to revisionist Mahesh Mani Pandey in Crime No.1846 of 2011 under Sections 406, 420, 504, 506 I.P.C., P.S. Moolganj, District Kanpur Nagar, vide order dated 3.12.2012 passed by Shri Alakh Narain the then Special Judge, SC/ST, Kanpur Nagar was cancelled.
(2.) Heard Shri N.I. Jafri, holding brief of Ms. Sufia Saba, learned counsel for revisionist, learned AGA for State and Sri Sarvesh, learned counsel for complainant/opposite party no.2.
(3.) In brief the facts are that revisionist is an accused in aforesaid criminal case. He filed an application under Section 482 Cr.P.C. No.16182 of 2012 before this Court which was allowed in part vide order dated 10.5.2012 passed by Hon'ble B.K. Narayan, J. The prosecution of the revisionist under Section 138 of Negotiable Instruments Act was quashed but the case was to proceed further in respect of offence under Sections 406, 420, 504, 506 IPC. It was further provided that if the revisionist surrendered before the Trial Court within six weeks, his bail application shall be considered in the light of Amrawati and another Vs. State of U.P., 2004 57 AllLR 290 as affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 3 ADJ 322. In the meantime, he shall be released on interim bail. The bail application having been rejected by the Magistrate, the same was moved before Sessions Court and vide order dated 17.7.2012, passed by Special Judge, SC/ST, Kanpur Nagar, revisionist was released on interim bail which was extended from time to time and ultimately on 18.8.2012, when Lawyer's Association, Kanpur was on strike and revisionist who was a practising lawyer, failed to appear in court, his interim bail was rejected. The main bail application was also rejected on 17.9.2012.;