Court No. - 51
Case :- CRIMINAL APPEAL No. - 7880 of 2017
Appellant :- Har Pal & 2 Others
Respondent :- State Of U.P.
Counsel for Appellant :- Sarvesh,S.K. Verma
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Akhilesh Chandra Sharma,J.
Order on Criminal Misc. Bail Application This is a bail application moved on behalf of appellants, namely, Har Pal, Raju Lodha and Veerpal in the instant criminal appeal.
Heard learned counsel for the parties and perused the record.
Contention of the learned counsel for the appellants is that the appellants have been falsely implicated in the present case due to ulterior motive and they have not committed any such crime as alleged and they are in jail since 21.11.2017; even if the prosecution story is believed to be true, as per the testimony of PW-5 Kamlesh Devi the only role has been assigned to the appellants is that of standing at the spot and the role of firing has been assigned to other co-accused; the appellants were on bail during trial which liberty has never been misused or abused by them and the appellants have no previous criminal history; there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
Learned A.G.A. has strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, let the appellants- namely, Har Pal, Raju Lodha and Veerpal convicted and sentenced in S.T. Nos. 1043/2005, 1043A/2005 and 977/2006 arising out of case crime no. 172/2005, u/s 147, 148, 149, 302, 449 IPC, PS Jawan, District Aligarh be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Twenty five percent of the fine shall be deposited by each of the appellants within a period of one month from the date of their release and balance amount of fine shall remain stayed during the pendency of this appeal. In case of default in depositing Twenty five percent of fine by each of the appellants within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 23.2.2018 Anand