Court No. - 80
Case :- CRIMINAL APPEAL No. - 3723 of 2018 Appellant :- Arvind Singh @ Lalla Singh Respondent :- State of U.P.
Counsel for Appellant :- Ram Raj Prajapati,Ajay Singh Counsel for Respondent :- G.A.,Virendra Singh Parmar
Hon'ble Rajendra Kumar-IV,J.
In Ref: Criminal Misc. Bail Application No. 1 of 2019.
Supplementary affidavit filed by learned counsel for appellant is taken on record.
Heard learned counsel for accused-appellant, learned AGA for State and perused the material available on record.
Accused-appellant, convicted in Sessions Trial No. 57 of 2009, State v. Arvind Singh @ Lalla Singh, (Crime No. 1759 of 2008) under Sections 363, 366 and 376 IPC, Police Station Sumerpur, District Hamirpur, applied for bail pending appeal.
Learned counsel for the accused-appellant submits that accused-appellant has been convicted by Trial Court without proper appreciation of evidence. They are innocent; there is no sufficient evidence to convict him. Maximum punishment awarded to accused-appellant by Trial Court is 8 years. It is further submitted that during trial, accused-appellant was on bail; victim now married; victim was a consenting party. If accused-appellant is enlarged on bail during appeal, he shall not misuse it liberty. Due to huge pendency of appeals in the Hon'ble Court, there is no possibility of early disposal of appeal.
Learned A.G.A. opposed the prayer of bail supporting the order of conviction and further submitted that Trial Court appreciated entire evidence on record in right perspective. There is sufficient evidence on record to convict the accused-appellant in aforesaid Sections. In case, they are released on bail during appeal, they shall not turn up to get this appeal decided; and there is grave possibility of his fleeing away from judicial process.
Considering the facts and circumstances of the case, material placed before me, rival contentions of learned counsel for the parties, detention of accused-appellant in Jail, severity of punishment in case of rejection of appeal, sentenced awarded by Trial Court and without commenting upon merit of case, accused-appellant deserves bail.
Accordingly, bail application is allowed.
Let accused-appellant-Arvind Singh @ Lalla Singh be released on bail in the aforesaid matter, during the pendency of appeal, on their furnishing a personal bond and two sureties in the like amount before trial Court concerned to its satisfaction.
As soon as personal bonds and surety bonds are furnished, after keeping photocopies of the same, original copies are directed to be transmitted to this Court forthwith by trial Court concerned to be kept on the record of this appeal.
Order Date :- 26.11.2019 Akram
Court No. - 80
Case :- CRIMINAL APPEAL No. - 3723 of 2018 Appellant :- Arvind Singh @ Lalla Singh Respondent :- State of U.P.
Counsel for Appellant :- Ram Raj Prajapati,Ajay Singh Counsel for Respondent :- G.A.,Virendra Singh Parmar
Hon'ble Rajendra Kumar-IV,J.
List this Appeal in April 2020.
Order Date :- 26.11.2019 Akram