Court No. - 1
Case :- CRIMINAL APPEAL No. - 908 of 2017 Appellant :- Bhagirath Respondent :- State Of U.P.
Counsel for Appellant :- Kuldeep Johri Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Order on Crl. Misc. Bail Application No.62631 of 2017 Heard Sri Kuldeep Johri, 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 the appellant is said to have been involved in the present case. He further contends that except last seen evidence, there is no evidence against the appellant. He next contends 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 27.01.2017.
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 appellant, Bhagirath, convicted and sentenced in S.T. No.276 of 2013, State of U.P. vs. Bhagirath, arising out of Crime No.569 of 2013, under Sections 302, 201 I.P.C., Police Station-Gajraula, District-Pilibhit, 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 as well as the personal bonds and sureties to the satisfaction of the court concerned, as has been mentioned in the present order.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 27.11.2018 m.a.