Court No. - 1
Case :- CRIMINAL APPEAL No. - 553 of 2017
Appellant :- Azaad
Respondent :- State Of U.P.
Counsel for Appellant :- Ashok Kumar Pandey,Afzal Ahmad Khan Durrani
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Order on Crl. Misc. Bail Application No.41999 of 2017 Heard Sri Afzal Ahmad Khan Durrani, learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.
It has been contended by learned counsel for the appellant that there is no evidence against the appellant. It is stated that there was some money dispute between the parties. He further submitted that it is a case of circumstantial evidence. He submits that the appellant was on bail during trial, but he did not misuse the liberty of bail granted to him. The trial court has misread the evidence on record and wrongly convicted the appellant. He further submits that the appellant is in jail since 17.01.2017.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the appellant, Azaad, convicted and sentenced in S.T. No.707 of 2007, State vs. Azaad, arising out of Crime No.334 of 2007, under Sections 302, 201 I.P.C., Police Station-Loni, District-Ghaziabad, be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.
Until further orders, the realization of half of the fine awarded to the appellant shall also remain stayed.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
It is further directed that out of fine imposed on appellant by the trial Court, 50% of the same shall be deposited by the appellant and balance amount of fine shall remain stayed during the pendency of this appeal.
It is made clear that the appellant shall be released on bail only after depositing the 50% of the fine so imposed on him by the trial Court.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 27.11.2018 m.a.