Court No. - 80
Case :- CRIMINAL APPEAL No. - 1993 of 2019 Appellant :- Shakir Respondent :- State of U.P.
Counsel for Appellant :- Achyuta Nand Pandey,Sanjay Mishra Counsel for Respondent :- G.A.
Hon'ble Rajendra Kumar-IV,J.
In Ref: Criminal Misc. Bail Application No. 2 of 2019.
Heard learned counsel for accused-appellant, learned AGA for State and perused the material available on record.
Accused-appellant, convicted in Sessions Trial No. 787 of 2006, State v. Guddu @ Kalle @ Fajalurrehman and Another, (Crime No. 126 of 2006) under Sections 338 IPC and 4/5 Explosive Substances Act, Police Station Sasni Gate, District Aligarh, applied for bail pending appeal.
Learned counsel for the accused-appellant submits that accused-appellant has been convicted by Trial Court without proper appreciation of evidence. He is innocent; there is no sufficient evidence to convict him. Maximum punishment awarded to accused-appellant by Trial Court is 5 years. It is further submitted that there is no public witness at the time of recovery; alleged recovery, shown by the Police, from the possession of the accused-appellant is false and concocted. During Trial, accused-appellant was on bail. Accused-appellant is in Jail since 11.10.2018 having no criminal history. If accused-appellant is enlarged on bail during appeal, he shall not misuse its liberty. Due to huge pendency of appeals in the Hon'ble Court, there is no possibility of early disposal of appeal.
Learned A.G.A. opposed the prayer of bail supporting the order of conviction and further submitted that Trial Court appreciated entire evidence on record in right perspective. There is sufficient evidence on record to convict the accused-appellant in aforesaid Sections. In case, he is released on bail during appeal, he shall not turn up to get this appeal decided; and there is grave possibility of his fleeing away from judicial process.
Considering the facts and circumstances of the case, material placed before me, rival contentions of learned counsel for the parties, detention of accused-appellant in Jail, severity of punishment in case of rejection of appeal, sentenced awarded by Trial Court and without commenting upon merit of case, accused-appellant deserves bail.
Accordingly, bail application is allowed.
Let accused-appellant-Shakir be released on bail in the aforesaid matter, during the pendency of appeal, on his furnishing a personal bond and two sureties in the like amount before trial Court concerned to its satisfaction.
As soon as personal bonds and surety bonds are furnished, after keeping photocopies of the same, original copies are directed to be transmitted to this Court forthwith by trial Court concerned to be kept on the record of this appeal.
Order Date :- 26.11.2019 Akram
Court No. - 80
Case :- CRIMINAL APPEAL No. - 1993 of 2019 Appellant :- Shakir Respondent :- State of U.P.
Counsel for Appellant :- Achyuta Nand Pandey,Sanjay Mishra Counsel for Respondent :- G.A. Hon'ble Rajendra Kumar-IV,J. List this Appeal in May, 2020.
Order Date :- 26.11.2019 Akram