Ramesh Sinha, J. - (1.) The present revision has been filed by the revisionists against the judgment and order dated 8.2.2006 passed by Special Judge, C.B.I., Prevention of Corruption Act U.P. East/Additional Sessions Judge, Ghaziabad in Criminal Appeal No. 62 of 2004 maintaining the conviction and sentence under section 120-B, 420 I.P.C. and partly allowed the appeal and set aside the conviction and sentence under section 420 read with 120-B I.P.C. arising out of the judgment and order dated 29.7.2004 passed by Special Judicial Magistrate C.B.I., Ghaziabad convicting the revisionists under section 120-B, 420 I.P.C. and Section 420 read with section 109 I.P.C. and sentencing the revisionists for three months R.I. and fine of Rs. 1,000/- under section 120-B I.P.C. and six months R.I. and fine of Rs. 2,000/- under section 420 I.P.C. and sentencing them six months and fine of Rs. 2,000/- under section 420 I.P.C. read with Section 109 I.P.C. and all the sentences shall run concurrently.
(2.) The present revision filed by the revisionists was finally heard and decided by Co-ordinate Bench of this Court on 21.5.2013 and it appears that against the said order, the revisionist Vijendra Pal Singh preferred S.L.P. (Crl.) No. 8348 of 2014 and the Apex Court remanded the matter to be reheard vide order dated 27th October, 2014, hence in pursuance of the same, the matter is being reheard by this Court and decided after hearing learned counsel for the parties.
(3.) The present criminal revision has been filed by seven revisionists out of which revisionist no. 1 Yadram Sagar has died, hence the revision on his behalf has been ordered to be abated by a Co-ordinate Bench of this Court on 3.2.2009 on an application, i.e. Abatement Application No. 15177 of 2008. The revisionist nos. 2, 3 and 5, namely, Malkhan, Mishree Lal Pippal and Bahori Singh died during the pendency of revision and in view of the report of the C.J.M. Aligarh the revision on their has become infructuous. Thus the present revision survives on behalf of revisionist no. 4 Moti Singh, revisionist no. 6 Vijendra Pal Singh @ V.P. Singh and revisionist no. 7 Yogendra Pal Singh. So far as revisionist no. 4 Moti Singh and revisionist no. 7 Yogendra Pal Singh are concerned, they have already served out the sentence of six months for the offence in question awarded by the court below. Revisionist no. 7 Yogendra Pal Singh in spite of notice being sent to him and being cautious that the present revision is pending against him, did not turn up to contest the same on merit. Thus the Court proceed to hear the revision on behalf of revisionist nos. 4, 6 and 7.;