Court No. - 51
Case :- CRIMINAL APPEAL No. - 1989 of 2011 Appellant :- Rambahadur @ Kalia Respondent :- State Of U.P.
Counsel for Appellant :- G.R.S. Pal,Anil Kumar Pathak,Sunita Chauhan Counsel for Respondent :- Govt. Advocate
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,J.
Heard Sri Kamlesh Singh, Senior Advocate, appearing for the appellant and Sri Patanjali Mishra, learned AGA appearing for the State.
This is the second bail application, the first bail application was rejected on 21.05.2013 by the another Bench of this Court.
The contention of the learned counsel for the appellant is to the effect that the appellant was on bail during trial, he has got no previous criminal history, even though he has already suffered incarceration for a period of almost 8 years 5 months. Even otherwise it has been submitted that if the prosecution story is believed to be true, four persons were assigned the role of firing, however, as per the postmortem report, the deceased has received two gunshot wound of entry and two gunshot wound of exit. It is further been contended that there is likelihood of the appeal being allowed if it is heard on merits, however, there is no likelihood of the appeal being heard in the near future.
Sri Patanjal Misra learned AGA has strongly opposed the bail application but does not dispute the fact that the period of incarceration the appellant is in jail with no previous criminal history.
In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, 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 bail application is allowed.
Let the applicant-appellant Rambahadur @ Kalia convicted and sentenced vide impugned judgment in S.T. No. 166/04, under Section 302 of IPC, PS. Bharthan, District Etawah, 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 applicant - appellant is directed to deposit 50 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.
Order Date :- 5.9.2018/Ram Chander