Court No. - 52
Case :- CRIMINAL APPEAL No. - 4539 of 2017 Appellant :- Arun Kumar Tiwari @ Dabbu Tiwari Respondent :- State Of U.P.
Counsel for Appellant :- Anil Kumar Pathak Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 24.6.2017 passed by Additional Session Judge, court no. 1, Kanpur Nagar in S.T. No. 1300 of 2009 (State vs. Arun Kumar Tiwari @ Dabbu Tiwari) arising out of Case Crime No. 158 of 2009, u/s 328, 379, 201 IPC, P.S. Collectorganj, District Kanpur Nagar.
The submission of learned counsel for the applicant is that initially the F.I.R. was lodged u/s 420, 406 IPC in which the appellant was named, however, during investigation, no evidence could be collected to make out offence u/s 406, 420 IPC; in the statement of the driver of the Vehicle PW-2 Maan Singh it was alleged that the applicant had administered some noxious article on account of which he became unconscious and then he took the vehicle; he further submitted that the alleged stolen vehicle could not be recovered through out investigation and prima facie offence u/s 328 IPC is not made out inasmuch as no medical examination of the driver-PW-2 was conducted which has been admitted by PW-8 Investigating Officer Subhash Chandra. It is further submitted that the appellant remain in jail for about three and half years during trial and then he was granted bail and now he is in custody since the date of judgement i.e. 24.6.2017; in the totality he has already undergone the imprisonment about five years and maximum sentence awarded by the trial court u/s 328 IPC is ten years. There is no possibility of early disposal of the appeal due to heavy dockets. He further submitted that the police had also implicated him in eight other cases in which he has been bailed out, which has been duly explained in the affidavit filed in support of the bail application.
In the facts of the case, without expressing anything on the merit of the case and considering the period of detention and other facts and circumstances of the case, I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Arun Kumar Tiwari @ Dabbu Tiwari convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
The fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail. List in due course for hearing.
Order Date :- 30.11.2018 Dhirendra/