Court No. - 51
Case :- CRIMINAL APPEAL No. - 731 of 2019 Appellant :- Asif And Another Respondent :- State Of U.P.
Counsel for Appellant :- Ashish Kumar Singh,Pradeep Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant-appellants and learned A.G.A. for the State on the bail application.
In the present case bail is being sought in appeal against the order of conviction.
I have perused the impugned judgment and order passed by the trial court convicting the appellants.
Contention of the learned counsel for the appellants are that during trial appellants is on bail and liberty of bail has not misused or abused by them. At present they are in jail since 22.06.2018 with no previous criminal history. Further contention is that FIR has been lodged after 5 days of the incident and this creates a doubt about the entire prosecution story. Contention is that there is every likelihood of the appeal being allowed, however, there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail.
In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The bail application is allowed.
Let the applicant-appellants Asif and Guddu convicted and sentenced vide impugned judgment in S. T. No. 329 of 2017, (State vs. Asif and another) under Section 307, 392 IPC, arising out of Case Crime No. 246 of 2017 under Section 307, 392 IPC, P.S. Jaitpura, District Varanasi be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The appellants are directed to deposit fifty per cent of the fine each within a period of one month from the date of his release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
However, looking to the facts and circumstances of the case the hearing of the appeal is expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 22.8.2019 Ujjawal