Court No. - 52
Case :- CRIMINAL APPEAL No. - 4546 of 2018 Appellant :- Satish Respondent :- State Of U.P.
Counsel for Appellant :- Ram Raj Pandey Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ram Raj Pandey, learned counsel for the appellant, learned AGA for the State and perused the record.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 6.8.2018 passed by Additional District and Session Judge, court no. 2/ Special Judge (SC/ST Act) Baghpat in S.T. No. 419 of 2011 arising out of Case Crime No. 140 of 2011, u/s 25/27 Arms Act, P.S. Chandi Nagar, District Baghpat.
The submission of learned counsel for the applicant is that the appellant and other accused were tried for the offence u/s 452, 302/34 IPC, section 3(2)(5) SC/ST Act and 25/27 Arms Act; during trial, the first informant and all witnesses of fact have turned hostile and did not support the prosecution version and have denied the presence of the appellant on the spot on the date of alleged incident; based on the statement of the witnesses the trial court has acquitted the appellant and other accused for the offence u/s 452, 302/34 IPC and 3(2)(5) SC/ST Act, however, the appellant has been convicted for recovery of country made pistol and conviction recorded u/s 25/27 of the Arms Act. Learned counsel argued that there is no independent witness of recovery; the appellant has already remained in jail for considerable period during trial and now he is in jail since 6.8.2018. 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 Satish 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.
The fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail. List in due course for hearing.
Order Date :- 27.11.2018 Dhirendra/