Court No. - 51
Case :- CRIMINAL APPEAL No. - 6321 of 2009 Appellant :- Sher Singh Respondent :- State Of U.P.
Counsel for Appellant :- Satyam Singh,Shiv Nath Singh Counsel for Respondent :- Govt.Advocate
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Order on Second Bail Application
Heard Sri Sunil Kumar Upadhyay, learned counsel for the appellant, Sri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the record.
This is the second bail application filed on behalf of the appellant- Sher Singh in the instant criminal appeal. The first bail application has been rejected by another Bench of this Court vide order dated 31.01.2012.
Learned counsel for the appellants submitted that the co-accused Rambabu and Mahesh Chandra have already been enlarged on bail by this Court on different dates passed in Criminal Appeal No.6700 of 2009 and Criminal Appeal No.6146 of 2009. He further submitted that appellant is in jail since 08.03.2006 with no criminal history and during trial the appellant was on bail which liberty has not been abused or misused by him. He further submitted that since the role of the appellant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He further submitted that there is every likelihood of the appeal being allowed, however, there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail, however, he has not refuted the factum of parity.
In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The bail application is allowed.
Let the applicants-appellant Sher Singh, convicted and sentenced vide impugned judgment in S. T. No. 73 of 2006 arising out of case crime no.118 of 2006, U/s 364A IPC, P.S. Sadar Bazar, District Agra be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.
The applicant - appellant is directed to deposit 50 per cent of the fine within a period of one month from the date of his release from jail. The realization of rest of the fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the fine, as directed, is not deposited within the time as specified above, the same shall be recovered in accordance with law.
Order Date :- 29.5.2018 Radhika