Court No. - 51
Case :- CRIMINAL APPEAL DEFECTIVE No. - 783 of 2019 Appellant :- Sushil Kumar @ Changa @ Chhanga Respondent :- State Of U.P.
Counsel for Appellant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Respondent :- G.A.,Paritosh Sukla
Hon'ble Vipin Sinha,J.
Order on Delay Condonation Application
Notice was issued to the respondent vide order dated 19.06.2019, however, it appears that no counter affidavit has been filed till date.
In view of the said fact, the delay condonation application application is allowed. The delay in filing the appeal is condoned.
Office is directed to allot regular number to this appeal. Admit.
Order on Memo of Appeal
This is a bail application moved on behalf of applicant in S.T. No. 662 of 2016 (State vs Krishna Gopal and others), under Section 304 Part-II and 148 IPC, arising out of Case Crime No. 133 of 2016 & Sessions Trial No. 663 of 2016 (State vs Sushil Kumar @ Chhanga) U/S 25 of Arms Act arising out of Case Crime NO. 152 of 2016, P.S. Khair, District Aligarh.
Heard learned counsel for the applicant and learned A. G. A. for the State.
It is contended by the learned counsel for the applicant that in the present case co-accused Krishna Gopal and Smt. Mankuch have already been enlarged on bail by this Court vide order dated 25.02.2019 passed in Criminal Appeal No. 209 of 2019. He further submitted that since the role of the applicant 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.
The prayer for bail has vehemently been opposed by learned A.
G. A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant Sushil Kumar @ Changa @ Chhanga 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.
The appellant is directed to deposit fine as imposed by the trial court 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 :- 22.8.2019 Ujjawal