Court No. - 69
Case :- CRIMINAL APPEAL No. - 2025 of 2021 Appellant :- Pawan Sharma And Another Respondent :- State of U.P.
Counsel for Appellant :- Vijay Kumar,Ajay Singh Counsel for Respondent :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the appellants, learned AGA for the State through video conferencing and perused the record.
Learned counsel for the appellants submitted that appellants have been falsely implicated in the present case. It is further submitted that the maximum punishment is four years and during trial, they were on bail. The trial court has acted wrongly and illegally in convicting the accused-appellants and they have every hope of success in appeal. There is no likelihood of appeal to be heard in near future due to huge pendency of old appeals before the court and the appellants undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
Learned A.G.A. has opposed the bail prayer of the appellants- accused and submitted that the appellants are not entitled to be enlarged on bail, but he has not disputed the aforesaid facts as submitted by learned counsel for the appellants-accused.
Considering the facts and circumstances of this case as well as arguments advanced by learned counsel for both the parties, without expressing any opinion on the merits of the case, it appears to be a fit case for bail.
Let the appellants-accused - Pawan Sharma and Sachin Sahu convicted and sentenced in in S.T. No. 240 of 2013 arising out of Case Crime No. 118 of 2012, under Sections 411, 413, 414, 471 IPC, Police Station- Chhawani, District- Kanpur Nagar be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The appellants are directed to deposit the 50 % fine imposed by the trial Court within one month from the date, they are released on bail, failing which coercive method shall be adopted by learned trial court for realization of fine.
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.
List the appeal after six weeks.
Order Date :- 27.5.2021 Junaid Digitally signed by Justice Neeraj Tiwari Date: 2021.05.27 16:18:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad