Court No. - 51
Case :- CRIMINAL APPEAL No. - 2939 of 2010
Appellant :- Jai Mod
Respondent :- State Of U.P.
Counsel for Appellant :- Radhey Krishna Pandey
Counsel for Respondent :- Govt Advocate
Hon'ble Vipin Sinha,J.
Hon'ble Umesh Chandra Tripathi,J. Order on Criminal Misc. Bail Application
Counter affidavit filed by the State is taken on record.
Heard learned counsel for the applicant-appellant and learned AGA for the State.
This is the first bail application moved on behalf of applicant- appellant in S.T. No. 615 of 2008, under Section 302 of I.P.C., Police Station Joni, District Meerut.
Contention of learned counsel for the appellant is that all the witnesses of fact have been declared as hostile. Further contention is that the appellant is in jail since 03.02.2008 with no previous criminal history, in case, he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Looking to the period of detention and also looking to the judgment of the Apex Court rendered in the cases of Hussain and Another vs. Union of India report in 2017 (5) SCC 702, Sandeep alias Raja Acharya vs. State of Orissa reported in AIR 2017 SC 1568, Akhtari Bi vs. State of U.P. reported in AIR 2001 SC 1528, Kushal Singh vs. State of U.P. passed in special leave to appeal (Crl.) No. 2356/2010, Smt. Akhtari Bi vs. State of M.P. reported in JT 2001 (4) SC 40 and Kashmira Singh vs. The State of Punjab reported in AIR 1977 SC 2147, Madan Singh Vs. State of Madhya Pradesh in Criminal Appeal No. 728 of 2018 arising out of Special Leave Petition (Criminal) No. 1319 of 2018, without expressing any opinion on the merits of the case, at this stage, prima facie, 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 Jai Mod convicted and sentenced in above mentioned crime be released on bail on their 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 as imposed by the court concerned shall be deposited by the appellant within a period of one month from the date of his release from jail. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
However, looking to the facts and circumstances of the case the hearing of the appeal be expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 29.10.2018 Ram Chander