Court No. - 51
Case :- CRIMINAL APPEAL No. - 4448 of 2008 Appellant :- Sonu Respondent :- State Of U.P.
Counsel for Appellant :- A.R. Nadiwal Counsel for Respondent :- Govt. Advocate
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
This is a first bail application on behalf of accused-appellant-Sonu in S.T. No.696 of 2005 arising out of Case Crime No.168 of 2004 (State Vs. Sonu) under Sections 302/34, 307/34 IPC, Police Station Gangoh, District Saharanpur.
Heard Sri Noor Mohammad, learned counsel for the applicant and learned A.G.A. for the State.
Contention of learned counsel for the applicant is that during trial applicant was on bail which liberty has not been abused or misused by him. Further contention is that the appellant is incarceration in jail for a long period of 13 years and there is no likelihood of the appeal being heard in near future.
Learned A.G.A. has strongly opposed the prayer for bail.
This is first bail application of the appellant-Sonu and the appeal is pending in this Court since 2008 and the case is listed first time before this Court. There is nothing on record to show that the appeal is delayed on account of any conduct of the appellant.
Without expressing any opinion on the merits of the case and keeping in view the law as laid down by the Apex Court in the case of Data Ram vs. State of UP and others, 2018(3) SCC 22 and Hussain and Another v. Union of India; 2017 (5) SCC 702, 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 application is allowed.
Let the applicant-Sonu convicted and sentenced in the aforesaid crime 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.
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.
Fine impose shall be deposited by the appellant within a period of one month from the date of his release. In case of default in depositing the fine within the aforesaid period, the same shall be recovered in accordance with law.
However, looking to the facts and circumstances of the case the hearing of the appeal is expedited under Chapter-VIII Rule 33A of the Rules of Court.
Let the paper book be prepared within two months from today and thereafter appeal be listed for hearing before appropriate Bench.
Order Date :- 25.9.2018 Nitin Verma