Citation : 2012 Latest Caselaw 825 ALL
Judgement Date : 25 April, 2012
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Crl. Misc. Application No. 36506 (B) of 2012 In re: Case :- CRIMINAL APPEAL No. - 608 of 2012 Petitioner :- Shoeb Khan & Another Respondent :- State Of U.P. Petitioner Counsel :- Firoz Ahmad Khan,Devendra Singh Respondent Counsel :- Govt. Advocate Hon'ble Surendra Vikram Singh Rathore,J.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the lower court record.
Prayer for bail has been made on behalf of appellants, who have been convicted under sections 323/34, 504 and 506(2) IPC by learned Additional Sessions Judge - IV, Faizabad, in Sessions Trial No. 20 of 2011 , arising out of Crime No. 2759 of 2009, P.S. Cantt. District Faizabad.
It is submitted by the counsel for the appellants that maximum sentence awarded to the appellants is 5 years R.I. under section 506(II) I.P.C.. The appellants were on bail during trial and never misused their liberty. The appeal is also not likely to come up for final hearing in the near future.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case without commenting upon merits of the case, in our opinion, appellants are entitled to be released on bail.
Pending appeal, appellants (Shoeb Khan and Sani) shall be released in the aforementioned case on bail on their executing personal bonds and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Till further orders realization of fine shall also remain stayed.
Order Date :- 25.4.2012
S. Kumar
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