Court No. - 51
Case :- CRIMINAL APPEAL No. - 4579 of 2017 Appellant :- Jitendra Respondent :- State Of U.P.
Counsel for Appellant :- Mrityunjay Dwivedi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Abhai Kumar,J.
Ref:- Criminal Misc. Bail Application No. 267799 of 2017 Heard learned counsel for the applicant-appellant and learned A.G.A. for the State and perused the record.
In the present case bail is being sought in appeal against the order of conviction.
We have perused the judgment and order dated 3.8.2017 passed by the trial court convicting the appellant.
The contention as raised at the Bar by learned counsel for the appellant is that appellant has been convicted under Section 3(II)V SC/ST Act and has been sentenced for life imprisonment; even if the prosecution story is believed to be true the specific role has been assigned to co-accused Dheeraj; the appellant was on bail during trial which liberty has not been misused by him; the appellant has no previous criminal history. It is next contended that there is every likelihood of the appeal being allowed, however, there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail, however he has not disputed the aforesaid contention as made by the learned counsel for the appellant.
In view of the aforesaid facts and circumstances of the case, 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 no. 267799 of 2017 is allowed.
Let the applicant-appellant Jitendra convicted and sentenced vide impugned judgment in S.S.T. No. 55 of 2006 (State Vs. Dhiraj Singh and others) arising out of Case Crime No. 53 of 2005, u/s 307/34, 325, 323, 504, 506 IPC and 3(II)V SC/ST (P.A.) Act, P.S. Pahari, District Chitrakoot 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 applicant - appellant is directed to deposit 50 per cent of the fine within a period of one month from the date of his release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. 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.
It is made clear that the case of co-accused Dheeraj is being distinguished from the case of present appellant.
Order Date :- 28.2.2018
AK Pandey