Court No. - 1
Case :- CRIMINAL APPEAL No. - 5803 of 2015
Appellant :- Monu
Respondent :- State Of U.P.
Counsel for Appellant :- Manoj Vashisth
Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Criminal Misc. Bail Application No. 60511 of 2014 Heard Sri Sunil Vashisth holding brief of Sri Manoj Vashisth learned counsel for the appellant and Sri J.P. Tripathi learned A.G.A. for the State and perused the record.
This is a bail application filed on behalf of the appellant- applicant in the instant criminal appeal.
Learned counsel for the appellant states that there were four accused persons involved in present case out of which three, namely, Sonu, Amit and Sanjai have already been enlarged on bail by this Court in criminal appeal no. 6774 of 2011 and they have been assigned the role of exhortation only. So far as the present appellant-applicant, namely, Monu is concerned, it is stated that he was assigned the role of firing on the deceased and one country made pistol was also recovered from his possession when he was taken into remand on 22.12.2005 and he is languishing in jail for the last 13 years i.e. since 13.12.2005. The appeal is not likely to be heard in near future. In support of his argument, learned counsel for the appellant has placed reliance on the judgments of the Apex Court in the cases of Kamal v. State of Haryana, 2004(13) SCC 526; Akhtari Bi v. State of Madhya Pradesh, 2001 AIR SC 1528, Takht Singh v. State of Madhya Pradesh, 2001(10) SCC 463, Santosh Singh v. State of U.P. in CRLMP No. 5728 of 2016 & Sandeep alias Raja Acharya v. State of Orissa, 2018 (3) SCC (Cri) 212.
Learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid fact that the appellant is languishing in jail since 13.12.2005.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the appellant-Monu convicted and sentenced in S.T. No. 129 of 2007 arising out of Case Crime No. 462 of 2005, under Section 302 read with Section 34 IPC as well as in S.T. No. 128 of 2007 arising out of case crime no. 487 of 2005, under Section 25 Arms Act, Police Station Daurala, District Meerut be released on bail on his furnishing a personal bond with two heavy sureties (one should be of his family members) 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.
It is made clear that the appellant shall be released on bail only after depositing the 50% of the fine so imposed on him by the trial Court as well as the personal bonds and sureties to the satisfaction of the court concerned, as has been mentioned in the present order and the realization of the 50% shall remain stayed during the pendency of this appeal.
(Raj Beer Singh,J) (Ramesh Sinha,J.)
Order Date :- 21.12.2018 Ujjawal