Court No. - 51
Case :- CRIMINAL APPEAL No. - 213 of 2009 Appellant :- Shahid Ali Respondent :- State Of U.P.
Counsel for Appellant :- R.K. Kaushik,Ajatshatru Pandey,Rajendra Prasad Tiwari,Vinay Kumar Tiwari Counsel for Respondent :- Govt. Advocate,S.P.Sharma
Hon'ble Vipin Sinha,J. Hon'ble Rajiv Gupta,J.
Order on Criminal Misc. Bail Application
This is the second bail application moved on behalf of appellant Shahid Ali in the instant criminal appeal.The first bail application was rejected by another Bench of this Court vide order dated 9.1.2013.
Heard learned counsel for the parties and perused the record.
Contention of the learned counsel for the appellant is that the appellant has been falsely implicated in the present case due to ulterior motive and he has not committed any such crime as alleged and he is in jail since 22.11.208; co-accused Shaqir Ali and Raees Ali have already been enlarged on bail in criminal appeal nos. 166 of 2009 and 212 of 2009 respectively, copies of which have been produced and the same are taken on record; there is no likelihood of the appeal being heard in near future and there is every likelihood of the appeal being allowed.
Learned A.G.A. as well as counsel for the complainant have strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, let the appellant- Shahid Ali convicted and sentenced in S.T. No. 35/2007, u/s 302/34 IPC & 7 C.L.A. Act, PS Sadar Bazar, District Jhansi be released on bail on his furnishing a personal bond with two 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.
Fifty percent of the fine shall be deposited by the appellant within a period of one month from the date of his release and balance fifty percent of fine shall remain stayed during the pendency of this appeal. In case of default in depositing fifty percent of fine within the aforesaid period, the same shall be recovered in accordance with law.
Order Date :- 24.4.2018 Anand