Court No. - 51
Case :- CRIMINAL APPEAL No. - 1743 of 2018 Appellant :- Sansar Singh Respondent :- State Of U.P.
Counsel for Appellant :- Nitin Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
This is a bail application moved on behalf of applicant in S.T No. 329 of 2007 (State vs. Sansar Singh & Others) under section 302, 323, 34 IPC, in Case Crime no. 271 of 2007 Police Station Baraut, District Baghpat.
Heard Sri Nitin Srivastava, Advocate holding brief of Sri Shivam Yadav, learned counsel for the applicant and learned A. G. A. for the State.
Contention of learned counsel for the applicant is that even if the entire prosecution story is believed to be true the only role of exhortation was assigned to the present appellant. Further contention is that during trial applicant was on bail the liberty of which has not been abused or misused by him.
Learned A.G.A. has opposed the prayer for bail.
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 application is allowed.
Let the applicant Sansar Singh 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