Kamlendra Nath @ Lala vs State Of U.P.
2013 Latest Caselaw 4845 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3400 of 2013
 

 
Appellant :- Kamlendra Nath @ Lala
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- B.S. Rathore
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the appellant and the learned AGA and have been gone through the record.

Admit.

Summon the lower court record.

It is contended by the learned counsel for the appellant that the appellant has been convicted for maximum sentence of one year rigorous imprisonment each under Section 354 IPC and Section 3(1)XI S.C./S.T. Act. The conviction of the appellant is against the evidence on record. The appellant is on interim bail and he was on bail during trial and had never misused the liberty of bail. There is no likelihood of early hearing of appeal in near future because there is dockets of pendency of old appeals and the purpose for filing the appeal would be frustrated, therefore the appellant may be released on bail during the pendency of appeal. In case he is enlarged on bail, he will not misuse the liberty of bail.

Per contra the learned AGA has opposed the prayer for bail and supported the judgment.

Considering the facts and circumstances of the case and keeping in the view of the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellant, namely, Kamlendra Nath @ Lala, convicted and sentenced in Session Trial No.150 of 1998, State Vs. Kamlendra Nath @ Lala, arising out of case crime no.96 of 1994, under Section 354 IPC and Section 3(1)XI S.C./S.T. Act, P.S. Phoolpur, District Allahabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned. The photocopies of the bonds so furnished be transmitted to this Court to be kept on record of the appeal.

It is made clear that the realization of fine is not stayed.

After receipt of the record the office is directed to prepare the paper book and list the appeal for hearing in due course.

Order Date :- 1.8.2013

Mustaqeem.