Court No. - 44
Case :- CRIMINAL APPEAL No. - 1322 of 2018 Appellant :- Pawan Respondent :- State Of U.P.
Counsel for Appellant :- Darwari Lal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Order on Crl. Misc. Bail Application
Supplementary affidavit filed in Court today, is taken on record.
Heard Sri Darwari Lal, learned counsel for the appellant- applicant, Sri G.P. Singh, learned A.G.A. for the State and perused the lower court record.
It has been contended by the learned counsel for the appellant- applicant that the case of the applicant is identical to that of co- accused Umakant Sharma, who has already been granted bail by this Court on 16.05.2019 in Criminal Appeal No. 1238 of 2018. It has further been contended that so far as criminal history of the applicant is concerned, the same has been duly explained in paragraph no. 4 to the supplementary affidavit, which has been filed in Court today. He has also contended that the trial court has misread the evidence on record and wrongly convicted the applicant. He has further contended that the applicant is in jail since 23.01.2018 and the applicant was on bail during trial, which liberty has not been abused or misused by him.
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-applicant, we are of the opinion that the applicant is entitled to be released on bail.
Let the appellant Pawan convicted and sentenced in S.T. No. 819 of 2014 arising out of case crime no. 342 of 2014 under sections 302/34, 201 I.P.C., police station Majhaula, District Moradabd be released on bail on his furnishing a personal bond with two heavy sureties (out of which one should be of his family member) each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the appeal.
On acceptance of bail bonds and personal bonds, the lower court shall transmit Photostat copies thereof to this Court for being kept on the record.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 Anand