Court No. - 51
Case :- CRIMINAL APPEAL No. - 5548 of 2004 Appellant :- Ram Kishan & Others Respondent :- State Of U.P.
Counsel for Appellant :- N.I Jafri,Madan Singh,Mritunjaya Dwivedi,Rajeev Sisodia,Rajesh Kumar Dubey,Sanjay Kumar,Santosh Kumar Tiwari,Smt. Pushpa Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
This is a second bail application on behalf of accused-appellant No. 2 Chet Ram. The first bail application of Chet Ram was rejected by another Bench of this Court vide order dated 30.08.2007 for want of prosecution. This is a second bail application moved on behalf of applicant in ST No. 328 of 2003, (State vs. Chet Ram) under sections 326 and 307 IPC, Police Station Mandi Dhanaura, District J. P. Nagar.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Contention of learned counsel for the applicant on the second bail application is that the bail application is pressed solely on the ground that the appellant has been convicted under section 326 and 307 IPC and this bail application is being pressed solely on the ground that the appellant has already suffered incarceration for a period of 15 years 3 months and two days. As per certificate issued by Senior Jail Superintendent, Central Jail Agra. The copy of the certificate is produced before this Court and the same is being taken on record. Further contention is that during trial applicant was on bail which liberty has not been abused or misused by him. Further contention is that applicant is in jail since 19.12.2004 and there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail.
Without expressing any opinion on the merits of the case and keeping in view the law as laid down by the Apex Court in the case of Data Ram vs. State of UP and others, 2018(3) SCC 22 and Hussain and Another v. Union of India; 2017 (5) SCC 702, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Chet Ram convicted and sentenced in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of 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.
Fifty percent of the fine shall be deposited by the applicant within a period of one month from the date of his release and remaining realization of fine shall remain stayed during the pendency of this appeal. In case of default in depositing the fine, as mentioned above, within the aforesaid period, the same shall be recovered in accordance with law.
However, looking to the facts and circumstances of the case the hearing of the appeal is expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 12.9.2018 Swati