HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- CRIMINAL APPEAL No. - 1378 of 2015 Appellant :- Awadhesh @ Bauwa Respondent :- State Of U.P. Counsel for Appellant :- Ran Vijay Singh Counsel for Respondent :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard the learned counsel for the appellant, learned A.G.A for the State and perused the judgment and order dated 18.11.2015 passed by the Addl. Sessions Judge/ Spl. Judge (P.C.S.O) Act, court no. 10, Unnao in Special Session Trial no. 102 of 2013 (State vs. Awadhesh @ Bauwa, arising out of Case Crime no. 934 of 2013, P.S. Hasanganj, district Unnao, by which he has been convicted under Section 7/8 POCSO Act and 506 I.P.C. and sentenced to undergo three years R.I. and a fine of Rs. 3,000/- and in default of payment of fine further three months R.I. and one year R.I. under Section 506 I.P.C.
Admit.
Summon the lower court record.
Learned counsel for the appellant submitted that the appellant was on bail during the pendency of the trial and there is no instance of misuse of liberty of bail, therefore, the appellant is entitled to be enlarged on bail during the pendency of the appeal as there is no likelihood of this appeal being heard in near future.
Learned A.G.A. has opposed the prayer for bail.
After considering the submissions made by learned counsel for the appellant and without expressing any opinion on the merits of the case, this Court is of the view that the appellant is entitled to be enlarged on bail during the pendency of the trial.
Let the appellant, Awadhesh @ Bauwa be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Special Session Trial no. 102 of 2013 (State vs. Awadhesh @ Bauwa, arising outof Case Crime no. 934 of 2013, P.S. Hasanganj, district Unnao.
It is further directed that recovery of 50% of fine from the appellants shall also remain stayed.
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 of this appeal.
Let the paper book be prepared.
List this appeal for hearing in due course.
Order Date :- 26.11.2015 Faridul