Court No. - 80
Case :- CRIMINAL APPEAL No. - 2797 of 2019 Appellant :- Chote Chamar Respondent :- State of U.P.
Counsel for Appellant :- Pradip Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Rajendra Kumar-IV,J.
In Ref: Criminal Misc. Bail Application No. 1 of 2019.
Heard learned counsel for accused-appellant, learned AGA for State and perused the material available on record.
Accused-appellant, convicted in Sessions Trial No. 234 of 1994, State v. Raja Husain and Another (Crime No. 85 of 1992) under Sections 395, 397, 412, 120B IPC, Police Station Bidhanu, District Kanpur Nagar, 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. He is innocent; there is no sufficient evidence to convict him. Maximum punishment awarded to accused-appellant by Trial Court is 10 years. It is further submitted that nothing has been recovered from the possession of accused-appellant; there is no public witness. During trial, accused-appellant was on bail. Accused-appellant is in Jail since 12.03.2019. 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, he is released on bail during appeal, he 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-Chote Chamar be released on bail in the aforesaid matter, during the pendency of appeal, on his 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 :- 27.11.2019 Akram