Court No. - 52
Case :- CRIMINAL APPEAL No. - 7443 of 2018 Appellant :- Ravi Kumar Gond Respondent :- State Of U.P.
Counsel for Appellant :- Anil Kumar Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
Admit. Summon the lower court's record.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 15.11.2018 passed by Additional Session Judge, F.T.C., Sonbhadra, in S.T. No. 66 of 2010, CNR no. UPSB010001692010 (State vs. Moti Lal Patel and others) connected with Session Trial no. 130 of 2010 CNR no. UPSB010001362010 (State vs. Ravi Kumar Gaur and another) arising out of Case Crime no. 459 of 2008, u/s 392, 328/34, 411 IPC, P.S. Karma, District Sonbhadra.
The submission of learned counsel for the applicant is that maximum sentence awarded by the trial court is one year u/s 411 IPC and the prosecution has utterly failed to prove the possession of alleged stolen mobile and the same could also not be connected with any offence of theft or robbery; he is on interim bail; it is stated that fine of Rs. 1,000/- as imposed by the trial court has been deposited whose receipt has been appended by the appellant. There is no possibility of early disposal of the appeal due to heavy dockets.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Ravi Kumar Gond convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
List in due course for hearing.
Order Date :- 19.12.2018 Dhirendra/