Court No. - 51
Case :- CRIMINAL APPEAL No. - 4323 of 2019 Appellant :- Ram Prakash Respondent :- The State Of Up Counsel for Appellant :- Vipin Kumar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Order on bail application No.01 of 2019.
Heard Sri Vipin Kumar, learned counsel for the applicant and Sri Yogeshwar Rai, learned AGA appearing for the State.
In the present case bail is being sought in appeal against the order of conviction.
We have perused the impugned judgment and order passed by the trial court convicting the appellant.
The contention of the counsel for the applicant is that the appellant Ram Prakesh is about 90 years old, as on date and suffering from various age related ailments, as mentioned in paragraph no.12 of the affidavit filed in support of bail application. It has further been contended that the applicant was on bail during the trial, but the liberty was not misused or abused by him. Further contention is that at present the applicant is in jail since 10.05.2019. It is next contended that in these facts and circumstances, the appeal becomes arguable and there is likelihood of the appeal being allowed or the sentence being modified, if it is heard on merit, however, there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the counsel for the applicant.
In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, 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 bail application is allowed.
Let the applicant-appellant Ram Prakash convicted and sentenced vide impugned judgment in S. T. No. 353 of 2011 (State Vs. Ram Prakash and others), arising out of Case Crime No.380 of 2011, under Sections 307, 323, 504, 506, IPC, Police Station Kasganj, District Kanshi Ram Nagar (Kasganj), 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.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The appellant is directed to deposit fifty per cent of the fine within a period of one month from the date of his release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 22.8.2019 VKG