Heard learned counsel for the appellant and the learned A.G.A. for the State of U.P..
This appeal has been filed under Section 374(2) Cr.P.C. against the judgment and order dated 19.4.2014/15.05.2014 passed by learned Special Judge, Court No. 5, District Hardoi in Special Case No. 272 of 2012, concerning case crime no. 203 of 2004, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, whereby the appellant has been convicted under Section 3 U.P. Gangsters and Anti Social Activities (Prevention) Act with rigorous imprisonment for four years and fine of Rs. 7000/-, in default of payment of fine additional six months R.I.
Learned counsel for the appellant submits that impugned judgment and order is bad in the eye of law because the learned trial court has not properly appreciated the evidence available on record.
Learned A.G.A. has opposed the above submissions.
Considering the rival submissions made by the parties and material available on record, I am of the view that the reconsideration of the matter is required by this court.
Admit.
Learned A.G.A. has put in appearance to represent the State, therefore, there is no need to issue notice.
Learned counsel for the appellant submits that co-accused filed criminal appeal no. 595 of 2014.
Connect this appeal along with criminal appeal no. 595 of 2014.
List in week commencing 11th August, 2014. Meanwhile the lower court record be summoned within a period of six weeks from today through District Judge, Hardoi.
Order Date :- 12.6.2014/Monika Court No. - 17 Criminal Misc. Application No. 54141 of 2014 in Case :- CRIMINAL APPEAL No. - 768 of 2014 Appellant :- Chhotey @ Arun Kumar Respondent :- State Of U.P.
Counsel for Appellant :- Bajhul Quamar Siddiqui Counsel for Respondent :- Govt. Advocate Hon'ble Shashi Kant,J.
Heard learned counsel for the appellant/applicant and the learned A.G.A. for the State of U.P.
Learned counsel for the applicant/appellant submits that the accused applicant is innocent and he has not been committed any crime during the period of trial and and during the period of trial the appellant was granted bail and he has not misused the bail. He has been convicted under Section 3 U.P. Gangsters and Anti Social Activities (Prevention) Act with rigorous imprisonment for four years and fine of Rs. 7000/-, in default of payment of fine additional six months R.I. Learned counsel for the appellant/applicant submits that on 29.4.2014, the appellant/applicant was in Delhi and due to that, he could not appear before the learned trial court and non-bailable-warrant has been issued against him. After having knowledge of that, the appellant/applicant himself surrenders before the learned trial court. As such, he is entitled for bail during the pendency of this appeal.
Learned A.G.A. has opposed the prayer for bail on the ground that the appellant/applicant is habitual criminal and he has been convicted for the heinous offence and he has also jumped the bail.
Considering the rival submissions made by the learned counsel for the parties and facts and circumstances of the case, I am of the view that this is a fit case for grant of bail.
Let the applicant Chhotey @ Arun Kumar be released on bail in Special Case No. 272 of 2012, Case Crime No. 203 of 2004, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act,, P.S. Hariyawan, District Hardoi during the pendency of the appeal on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to the following conditions:-
(i) The applicant will not misuse the liberty of bail.
(ii) The applicant will fully co-operate in expeditious hearing of this appeal.
However, the fine is not stayed and the same may be deposited by the appellant, if not already deposited, within thirty days from the date of release, failing which this order of bail automatically stands cancelled.
Order Date :- 12.6.2014/Monika