Court No. - 52
Case :- CRIMINAL APPEAL No. - 7587 of 2018 Appellant :- Pinku Pal Respondent :- State Of U.P.
Counsel for Appellant :- Dheeraj Kumar Dwivedi 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. Connect with Criminal Appeal no. 7575 of 2018.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 1.12.2018 passed by Additional Session Judge, court no. 7, Kanpur Dehat in S.T. no. 358 of 2013 (State vs. Pinku Pal and another) arising out of Case Crime No. 308 of 2012, u/s 60/63 Excise Act and 272 IPC, P.S. Mangalpur, District Kanpur Dehat.
The submission of learned counsel for the applicant is that the impugned judgement and order passed by the trial court is wholly illegal and unjust; according to prosecution, two litres of country made liquor was found from the joint possession of the appellant and co-accused at the time of raid; no incriminating article was recovered from the spot; there is no independent witness of the recovery; prima facie no offence u/s 272 IPC is made out; the maximum sentence awarded by the trial court is four years; the appellant was on bail during trial which liberty never misused; it is stated in para-25 of the affidavit that the appellant has no criminal history. There is no possibility of early disposal of the appeal due to heavy dockets.
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 Pinku Pal convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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.
The fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail. List in due course for hearing.
Order Date :- 20.12.2018 Dhirendra/