Court No. - 50
Case :- CRIMINAL APPEAL No. - 3985 of 2018 Appellant :- Lalla Gujar Respondent :- State Of U.P. Counsel for Appellant :- Devi Dayal Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Heard.
Admit.
Summon the lower court record. List after receipt of record.
Order Date :- 26.7.2018 S. Thakur
Court No. - 50
Case :- CRIMINAL APPEAL No. - 3985 of 2018 Appellant :- Lalla Gujar Respondent :- State Of U.P. Counsel for Appellant :- Devi Dayal Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Re: Criminal Misc. First Bail Application No. 1 of 2018
Heard learned counsel for the applicant-appellant and learned AGA for the State and perused the record.
Learned counsel for the applicant-appellant submits that applicant-appellant has been falsely implicated and has been wrongly convicted for the offences under Sections 307 I.P.C., 25 Arms and sentenced with maximum rigorous imprisonment for five years and fine of Rs. 7,000/-; that during trial applicant- appellant was on bail and has not misused the liberty of bail; that the applicant-appellant has every hope of success in appeal but there is no likelihood of disposal of appeal in near future; that the applicant-appellant has no criminal history; that the applicant-appellant undertakes that he will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicant-appellant has been rightly convicted for the offences; that there is sufficient evidence of offences on record against the applicant-appellant.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal.
Let the applicant-appellant Lalla Gujar be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 822 of 2010 (State Vs. Lalla Gujar and others) arising out of Case Crime No. 326 of 2009, under Section 307 I.P.C. and S.T. No. 823 of 2010 (State Vs. Lalla Gujar) arising out of Case Crime No. 327 of 2009, under Section 25 Arms Act, P.S. Fatehabad, District- Agra, and subject to deposit of entire amount of fine imposed on them and undertaking that applicants-appellants will cooperate with the hearing of the appeal.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
Order Date :- 26.7.2018/S. Thakur