Court No. - 51
Case :- CRIMINAL APPEAL No. - 3181 of 2017 Appellant :- Jagdish And Another Respondent :- State Of U.P.
Counsel for Appellant :- Jai Narain,Nazrul Islam Jafri Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri Awadhesh Kumar, learned counsel for the appellants in Criminal Appeal no. 3181 of 2017 and Sri Rajesh Mishra learned A.G.A. appearing for the State and perused the record.
It has been contended that both the appellants namely Jagdish and Jai Singh were on bail during trial which liberty has never been misused or abused by them and the appellants have no previous criminal history; there in no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed. The further contention is that even if the entire prosecution story is believed to be true the only role of catching hold was assigned to the appellants. The contention is that in case of firing there is no possibility of any role of catching hold.
Learned A.G.A. has opposed the prayer for bail.
In view of the aforesaid discussion, let the appellants- Jagdish and Jai Singh convicted and sentenced in S.T. No. 555 of 2003 (Arising out of Case Crime No. 394 of 2002), u/s 302/34 IPC Police Station- Ujhani District Badaun 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.
50% of the fine as imposed shall be deposited by the appellants within a period of one month from the date of their release. In case of default in depositing the fine within the aforesaid period, the same shall be recovered in accordance with law. The recovery of balance amount of fine will remain stayed during the pendency of this appeal.
Order Date :- 12.9.2018 Swati