Court No. - 1
Case :- CRIMINAL APPEAL No. - 261 of 2013 Appellant :- Satish Mishra @ Guddu & Others Respondent :- State Of U.P.
Counsel for Appellant :- Sunil Kumar Mehta,S.P.S.Parmar Counsel for Respondent :- Govt. Advocate,T.N. Tiwari
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Criminal Misc. Bail Application No. 17122 of 2013 Heard Sri Dinesh Kumar Srivastava, learned counsel for the appellants, Sri T.N. Tiwari, learned counsel for the complainant and Sri Vikas Sahai, AGA for the State and perused the record.
It is submitted by learned counsel for the appellants that the there are four accused persons including the appellants who have been implicated in the present case and all are the real brothers. It is further submitted that the trial of one accused person namely Jitendra Mishra has been separated during trial on the basis of juvenile. It is further submitted that the incident is said to have taken place at 10.30 p.m. in the night and independent eye witness appears to be doubtful. It is also submitted that the appellants were also tried under Section 3/25 of Arms Act but they have been acquitted by the trial Court. It is further submitted that the paper book is not ready till date and the appeal is not likely to be heard in near future.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellants, we are of the opinion that the appellants is entitled to be released on bail.
Let the appellants Satish Mishra @ Guddu, Rajesh Mishra @ Raju and Santosh Mishra, convicted and sentenced in S.T. No. 690 of 2005 arising out of case Crime No. 71 of 2005, under Sections 302/34, 307/34 I.P.C., Police Station Chaubeypur, District Varanasi, be released on bail on their furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the 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.
The hearing of the appeal is expedited.
Office is directed to prepare the paper book within one year.
Thereafter, list this matter for final hearing before the appropriate Bench.
Learned counsel for the appellants undertakes to argue the matter when the case is listed next for final hearing failing which the Court will at liberty to cancel the bail.
(Krishna Pratap Singh,J.) (Ramesh Sinha,J.) Order Date :- 23.2.2018 A.K.Verma