Court No. - 10
Case :- CRIMINAL APPEAL No. - 1652 of 2018 Appellant :- Pooran @ Rajiv And Anr.
Respondent :- State Of U.P.
Counsel for Appellant :- Atul Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Supplementary affidavit filed today, is taken on record.
Heard Sri Atul Kumar Tiwari, learned counsel for the appellants and learned A.G.A. on the point of admission of appeal.
This appeal is preferred by appellants against the judgement and order dated 12.3.2018 passed by Special Judge, Gangster Act/ Additional Session Judge, Court No. 7, Farrukhabad (State Vs. Pooran @ Rajiv and another) in Special Session Trial No. 01 of 2012, in Case Crime No. 575 of 2011, under Section 3(1) of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, Police Station Jahanaganj, District Farrukhabad convicting and sentencing the appellants for 5 years rigorous imprisonment each and also fine of Rs. 10,000/- each. It is also provided that in default of payment of fine, they will undergo for addition simple imprisonment of 3 months each.
This appeal is preferred on the ground that the impugned judgement is passed without proper appreciation of the evidence available on the record and it is bad in the eye of law.
Matter requires scrutiny. Appeal is admitted.
Notice on behalf of respondent has already been received by learned A.G.A.
Heard Sri Atul Kumar Tiwari, learned counsel for the appellants and learned A.G.A. in Criminal Misc. Bail Application No. 1 of 2018 (Pooran @ Rajiv and another Vs. State of U.P.).
In the gang chart, both the appellants are shown accused in Case Crime No. 83 of 2011. Apart from it, Case Crime No. 84 of 2011 is shown pending against the accused-appellant Pooran @ Rajiv and Case Crime No. 126 of 2011 is shown pending against accused Pappu @ Avnish. Learned counsel for the applicants submits that both the accused-appellants have already been enlarged on bail by the High Court's order dated 6.7.2015. The Case Crime No. 84 of 2011 and 126 of 2011 relate to Arms Act and the offence under the Arms Act are not taken into consideration for the purpose of Gangster Act.
Considering these facts, in my opinion, the bail application no. 01 of 2018 is deserves to be allowed.
Criminal Misc. Bail Application No. 01 of 2018 is allowed.
Let the accused-applicants/appellants namely, Pooran @ Rajiv and Pappu @ Avnish be enlarge on bail during the pendency of this appeal in Special Session Trial No. 01 of 2012, in Case Crime No. 575 of 2011, Under Section 3(1) U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, Police Station Jahanaganj, District Farrukhabad, on furnishing a personal bond of Rs. 1,00,000/- and two sureties each of the like amount to the satisfaction of the court concerned.
The realization of half amount of the fine is stayed during the pendency of this appeal provided the appellants deposit the rest half amount of the fine i.e. Rs. 5,000/- each in the court concerned at the time of their release on bail.
Office is direction to summon the lower court record. List this appeal after one month.
Order Date :- 27.3.2018 Siddhant Sahu