Order on Appeal As per office report dated 20.07.2021, defects have been removed.
Office is directed to allot regular number.
Heard learned Counsel for the appellant and learned AGA for State.
Admit.
Learned AGA accepted notice on behalf of State, so there is no need to issue notice to State.
Issue notice to complainant / victim, returnable at an early date, to be served through CJM concerned.
Summon the Lower Court Record forthwith.
The appeal is directed to be listed in the month of December, 2021 for final hearing before appropriate Bench.
Order Date :- 28.7.2021 Manoj
Ref : Criminal Misc. Bail Application No. 1 of 2021.
Heard learned Counsel for appellant, learned AGA for State and perused the material available on record.
Accused-appellant convicted in Session Trail No. 55 of 2017 (State vs. Praveen @ Chintu) arising out of Crime No. 246 of 2017, under Section 363 I.P.C., Police Station Cantt., District Varanasi, applied for bail pending appeal.
Learned counsel for the accused-appellant submits that appellant is innocent and has wrongly been convicted and sentenced by the Trial Court. The maximum sentence awarded by Trial Court is three years. Trial Court did not appreciate the evidence in right perspective. The appellant is on interim bail. Due to heavy pendency of appeals, this appeal is not likely to be heard in near future. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail but conceded the factual position and submitted that the trial Court recorded conviction on the evidence available on record. Hence, the bail application is liable to be rejected.
Considering the facts and circumstances of the case, evidence adduced before trial court, rival contentions of learned Counsel for parties and fact that the appellant is on interim bail by trial court and without commenting upon merit of case, accused-appellant deserves bail.
Accordingly, bail application is allowed.
Let the appellant Praveen @ Chintu be released on bail in the aforesaid matter, during pendency of appeal, on his furnishing a personal bond and two reliable sureties in the like amount before the trial Court concerned to its satisfaction.
Fine shall be deposited within one month from the date when the bail bonds are filed, failing which trial court shall proceed with the matter / realization of fine in accordance with law.
As soon as personal bonds and surety bonds are furnished, after keeping the same on record, photocopies are directed to be transmitted to this Court forthwith by trial Court concerned for keeping them on the record of appeal.
Order Date :- 28.7.2021 Manoj