Court No. - 52
Case :- CRIMINAL APPEAL No. - 7577 of 2018 Appellant :- Naresh Respondent :- State Of U.P.
Counsel for Appellant :- Jeetendra Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
Admit.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 16.10.2018 passed by Additional Session Judge/Special Judge (Dacoiti Affected Area Act) Auraiya in Criminal Case no. 11 of 2018 (State vs. Chandar Singh and another) u/s 466 Cr.P.C., P.S. Diviyapur, District Auraiya.
The submission of learned counsel for the applicant is that the appellant had furnished surety for the accused Guddu resident of Kacchi Madaiya Gausala Chauraha, P.s. Naubasta, District Kanpur Nagar in S.T. No. 42 of 2010; thereafter, he absconded during trial on account of which sureties were forfeited; after efforts made by the appellant the accused surrendered and he has been convicted by the judgement and order dated 16.8.2018 by the Additional Session Judge, court no. 1, Auraiya, copy of the judgement has been annexed as annexure-1 to the affidavit. It is stated that in the light of the aforesaid as the accused has surrendered and convicted, therefore, some lenient view may be taken so far as the forfeiture of the amount is concerned.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Naresh convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail during the pendency of the appeal on his executing personal bond and one surety in the like amount to the satisfaction of the court concerned, He is further directed to deposit Rs. 10,000/- towards amount of forfeiture,rest amount shall remain stayed during the pendency of the appeal.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
List in due course for hearing.
Order Date :- 20.12.2018 Dhirendra/