Court No. - 1
Case :- CRIMINAL APPEAL No. - 1368 of 1986
Appellant :- Rajvir
Respondent :- State Of U.P.
Counsel for Respondent :- D.G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Order on Criminal Misc. Bail Application No. 1 of 2019 Heard Sri Saad Khan, learned counsel for the appellant, Ms. Archana Singh, learned A.G.A. for the State and perused record.
It has been contended by the learned counsel for the appellant that the appellant has been arrested and is in jail in compliance of the Court's order dated 23.08.2018 by which a non bailable warrant was issued by Coordinate Bench and lastly the matter was listed on 19.12.2018 and the next date was fixed for 26.02.2019. As the appellant has surrendered before the court below and has been sent to jail. A listing application was moved for listing, in which, the date was fixed on 22.02.2019 by a Coordinate Bench vide order dated 14.02.2019, hence, the matter has come up in the additional cause list today. He has also stated that earlier counsel of the appellant/applicant Sri Sudhir Agarwal has been elevated to Bench. It appears from the order dated 19.12.2018 that the lower court record has not been received and office had also sent a letter for transmitting the same. He further submits that the applicant/appellant is in jail since 21.12.2018.
Learned learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
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, I am of the opinion that the appellant is entitled to be released on bail.
Let the appellant Rajvir convicted and sentenced in S.T. No. 316 of 1985 under Section 302/34 I.P.C. police station Anupshahr, District Bulandshahr be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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.
Order Date :- 22.2.2019
M. ARIF .
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)