Court No. - 36
Case :- CRIMINAL APPEAL No. - 7139 of 2010 Appellant :- Smt.Omwati And Another Respondent :- State Of U.P.
Counsel for Appellant :- Apul Misra,P.N.Misra,Rama Shankar Misra Counsel for Respondent :- Govt.Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Order in Criminal Misc. Second Bail Application No. 97752 of 2014 Heard Sri Rama Shankar Misra, learned counsel for the appellant no. 2 Sanjeev and Sri Ashish Pandey, learned A.G.A. for the State and perused the record.
The first bail application of the appellant no. 2 Sanjeev has been rejected by another Bench of this Court consisting of Hon'ble Amar Saran, J. and Hon'ble Shyam Shankar Tiwari, J. (as they then were) vide order dated 02.08.2011.
This is the second bail application on behalf of the appellant no. 2 Sanjeev.
It has been argued by the learned counsel for the appellant no. 2 Sanjeev that he was on bail during trial and has not misused the liberty of bail. It is also submitted that the appeal is not likely to be heard in near future. The appellant no. 2 Sanjeev is in jail from the date of conviction i.e. 31.07.2007.
Learned A.G.A. opposed the prayer for bail.
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, I am of the opinion that the appellant no. 2 Sanjeev is entitled to be released on bail.
Let the appellant no. 2 Sanjeev convicted and sentenced in S.T. No. 147 of 2007 arising our of Case Crime No. 283 of 2006 under Sections 302/34, 120B/201 IPC, Police Station Naugal, District Bijnor be released on bail on his furnishing a personal bond with two sureties 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 appears from the record that another second bail application has been filed on behalf of the appellant by Sri Apul Mishra, learned counsel for the appellant who is not present before this Court today. As we have allowed the second bail application filed by Sri Rama Shankar Misra, learned counsel for the appellant, the present bail application filed by Sri Apul Mishra, learned counsel for the appellant is dismissed as not pressed.
(Rekha Dikshit, J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017 Madhurima