Lakhan Singh & Another vs State Of U.P.
2013 Latest Caselaw 4046 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3011 of 2013
 

 
Appellant :- Lakhan Singh & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Manoj Gautam
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the appellants 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 appellants that the appellant have been convicted for three years rigorous imprisonment under Section 2/3 of Gangster Act with a fine of ten thousand rupees. The conviction of appellants is against the evidence on record and the sentence awarded is too excessive. The appellants were on bail during trial and now the appellant no.1 is on interim bail. During trial they had not misused the liberty of bail. There is no likelihood of early hearing of appeal in near future because there is docket of pendency of old appeals, therefore the appellants may be released on bail during the pendency of appeal. In case they are enlarged on bail, they will not misuse the liberty of bail.

Per contra the learned AGA has opposed the prayer of bail and supported the judgment of the trial court. The appellants have been convicted for murder charge and the appeal is pending before this court. Cases under Gunda Act and Excise Act have been registered against them. Hence they have rightly convicted by the trial court.

Considering the facts and circumstances of the case and keeping in view the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellants, namely, Lakhan Singh and Subhash, convicted and sentenced in G.S.T. No.31 of 2008, State Vs. Lakhan Singh & others, arising out of case crime no.2134 of 2007, under Section 2/3 of U.P. Gangster Act, P.S. Kotwali Mahoba, District Mahoba, be released on bail on their furnishing a personal bond each 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.

However, it is open to the complainant to move an application for cancellation of bail in case the appellants misuse the liberty of bail.

Order Date :- 11.7.2013

Mustaqeem.