Heard Sri Sanjay Srivastava learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No.1095 of 2010 for offence under section 14 of Foreigners Act, P.S. Sihani Gate, District Ghaziabad and the maximum sentence awarded to him is three and half years imprisonment.
It is contended by learned counsel for the appellant that maximum sentence is three and half years, appellant was on bail during the trial which liberty he has not misused, appeal is not likely to be heard in near future.
Learned AGA however endeavoured to support the judgment and refuted the arguments.
Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, I consider it appropriate to release the appellant on bail.
Let the appellant Shahdat @ Rashid be enlarged on bail on his furnishing a personal bond of Rs. 2 lacs with two sureties of Rs.2 lacs each in the like amount to the satisfaction of trial Judge concerned in the above session trial for above offence. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
The appellant is allowed one month time to deposit entire amount of fine awarded to him.
It is made clear that both sureties shall be family members/ relatives of the appellant. Appellant is directed to report police station concerned once in three months during pendency of the appeal.
Order Date :- 22.2.2011 rkg