Court No. - 51
Case :- CRIMINAL APPEAL No. - 4368 of 2019 Appellant :- Dr. Shiv Kumar Vishwakarma Respondent :- State Of Up Counsel for Appellant :- Lal Chandra Mishra,Usha Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Order on bail application No.01 of 2019.
Heard learned counsel for the applicant and Sri Yogeshwar Rai, learned AGA appearing for the State.
In the present case bail is being sought in appeal against the order of conviction.
We have perused the impugned judgment and order passed by the trial court convicting the appellant.
The contention of counsel for the applicant is that the appellant is 75 years old person as on date. Further contention is that the applicant was convicted and sentenced only for a period of 4 years imprisonment and as on date he has already sentenced 3 years 7 months and 16 days. The applicant is in jail since 06.01.2016. It is next contended that in these facts and circumstances, the appeal becomes arguable and there is likelihood of the appeal being allowed or the sentence being modified, if it is heard on merit, however, there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the counsel for the applicant.
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-appellant Dr. Shiv Kumar Vishwakarma convicted and sentenced vide impugned judgment in S. T. No. 034 of 2016 (State of U.P. Vs. Dr. Shiv Kumar Vishwakarma and another), arising out of Case Crime No.03 of 2016, under Section 304 IPC, Police Station Tindwari, District Banda, be released on bail on his 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 fine imposed by means of impugned order dated 26.04.2019 shall remain stayed.
Order Date :- 22.8.2019 VKG