Court No. - 52
Case :- CRIMINAL APPEAL No. - 7447 of 2018 Appellant :- Gama Tripathi Respondent :- State Of U.P.
Counsel for Appellant :- Bhupendra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
Admit. Summon the lower court's record.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 5.11.2018 passed by Special Judge(EC Act)/IVth Additional Session Judge, Banda in special Case no. 44 of 2012, arising out of Case Crime no. 59 of 2012, u/s 135(2) of Electricity Act, P.S. Kalinjar, District Banda.
The submission of learned counsel for the applicant is that the maximum sentence awarded by the trial court is two years; the prosecution has utterly failed to prove the theft of electricity was committed by the appellant; he is poor former; it is stated that he has already deposited fine of Rs. 10,000/- awarded by the trial court. There is no possibility of early disposal of the appeal due to heavy dockets.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Gama Tripathi convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
List in due course for hearing.
Order Date :- 19.12.2018 Dhirendra/