Court No. - 67
Case :- CRIMINAL APPEAL No. - 7235 of 2019 Appellant :- Vikas Tiwary Respondent :- State of U.P. and Another Counsel for Appellant :- Piyush Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. (Order on Appeal)
Heard Shri Mahesh Kumar Guntan, Advocate holding brief of Piyush Kumar Shukla, learned counsel for the appellant and learned A.G.A. For the State.
This appeal is preferred against the impugned judgment and order dated 01.11.2019, passed by learned Special Judge, SC/ST Act, Jhansi in Special Session Trial No.47 of 2010 (State vs. Vikas Tiwary and others) arising out of Case Crime No.1329 of 2009, Police Station-Mauranipur, District-Jhansi, convicting and sentencing the appellant under section 323 I.P.C. for one year simple imprisonment along with fine of Rs.1000/- and u/s 3(1)10 of SC/ST Act for one year simple improsonment along with fine of Rs.5000/- and in case of default of payment, one month additional imprisonment was awarded to the appellant.
Admit. Issue notice.
Summon the lower court record. List in due course.
(Order on bail application) Rejoinder affidavit filed today on behalf of appellant is taken on record.
Submission made by learned counsel for the appellant is that the appellant was on bail during trial and has never misused the liberty granted to him. Even after conviction he was enlarged on interim bail. It is also contended by learned counsel for the appellant that there is no likelihood of this appeal to be heard in near future.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the appellant has made out a fit case for bail.
Let the appellant-Vikas Tiwary be released on bail in Special Session Trial No.47 of 2010 (State vs. Vikas Tiwary and others) arising out of Case Crime No.1329 of 2009, u/s 323, 504 I.P.C. and SEction 3(1)10 of SC/ST Act, P.S.-Mauranipur, District- Jhansi, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record of this appeal.
100% of the fine awarded by the Court below under the impugned judgment shall be deposited by the appellant within a month from his release on bail.
Order Date :- 18.12.2019 M. Kumar