Court No. - 51
Case :- CRIMINAL APPEAL No. - 4183 of 2017 Appellant :- Ram Autar Respondent :- State Of U.P.
Counsel for Appellant :- Santosh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri Santosh Kumar Singh, learned counsels for the appellant, Mohd. Nadeem, learned AGA for the State and perused the record.
The contention of learned counsel for the appellant is that the appellant was on bail during trial and has got no previous criminal history. There is a cross case with regard to the same incident that both sides have received injuries in the same incident and the injuries are serious and vital in nature. Both the sides have a plea of self defence and thus, it has been contended that the appeal is arguable and there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail.
In view of the aforesaid, let the appellant- Ram Autar convicted and sentenced in S.T. No.248 of 2004 (State Vs. Ram Autar and others) in Case Crime No.298 of 2003, under Sections 302/34 I.P.C., Police Station Rath, District Hamirpur and S.T. No.249 of 2004 (State Vs. Ram Autar), in Case Crime No.312 of 2003, u/s 25 Arms Act, PS Rath, District Hamirpur 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 bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Twenty five percent of the fine shall be deposited by the appellant within a period of one month from the date of his release. In case of default in depositing the fine within the aforesaid period, the same shall be recovered in accordance with law.
Since the lower court record has been received, the hearing of this appeal be expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper books be prepared within three months and thereafter the appeal be listed for hearing before the appropriate Bench.
Order Date :- 13.9.2018 Nitin Verma