Court No. - 13
Case :- CRIMINAL APPEAL No. - 921 of 2018 Appellant :- Mahipal Singh Respondent :- State Of U.P.
Counsel for Appellant :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Rakesh Singh Yadav, advocate holding brief of Sri Nanhe Lal Tripathi, learned counsel for the appellant and learned A.G.A., on the Criminal Misc. Bail Application No. 1A/1 of 2018.
This Criminal Misc. Bail Application No. 1A/1 of 2018 is moved by the applicant/appellant with the prayer to release the applicant/appellant on bail in G.S.T. No. 194 of 2012, (State of U.P. vs. Mahipal Singh and Others) crime no. 418 of 2012, under section 3 U.P. Gangster Act, and Prevention of Anti Social Activities, Act 1986, Police Station- Jakhaura, District- Lalitpur, during the pendency of this appeal.
As per gang-chart two cases crime no. 190 of 2012, under section 379, 411 I.P.C., Police Station- Jakhaura, District- Lalitpur and Case Crime No. 735 of 2008, under section 147, 148, 149, 307, 302, 504, 506 I.P.C., Police Station- Bar, District- Lalitpur, are pending against the accused-appellant. Accused-appellant has filed the bail order of the both cases. Accused-appellant is enlarge on bail in Crime No. 190 of 2012, Police Station- Jakhaura by the order dated 16.04.2012, passed by Session Judge, Lalitpur and accused-appellant is bailed out in Crime No. 735 of 2008, Police Station- Bar, by the Hon'ble High Court vide its order dated 19.08.2009 in Criminal Misc. Bail Application No. 7861 of 2009. Accused-appellant was also on bail during the trial and there is not evidence on the record to show that he misused the bail any way.
Considering these fact, in my opinion, the Criminal Misc. Bail Application No. 1A/1 of 2018 is deserves to be allowed.
Criminal Misc. Bail Application No. 1A/1 of 2018 is allowed.
Let the accused-appellant Mahipal Singh be enlarge on bail during the pendency of this appeal on furnishing a personal bond of Rs. 1,00,000/- and two sureties in the like amount to the satisfaction of the Court concerned.
Realization of the half of the amount of fine i.e. Rs. 5,000/- is stayed during the pendency of this appeal and it is clarified that the realization of the rest half amount of the fine imposed by the impugned judgement i.e. Rs. 5,000 is not stayed.
Office is directed to summon the lower Court record. List after one month.
Order Date :- 27.2.2018 Swati