Sandeep vs State Of U.P.
2013 Latest Caselaw 4272 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3153 of 2013
 

 
Appellant :- Sandeep
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Mohd. Aslam Ansari
 
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 falsely implicated in the case. He was prosecuted for the offence under Section 307 IPC and Section 25 of the Arms Act. The appellant has been acquitted from the charge under Section 307 IPC has been convicted only under Section 25 Arms Act for four years rigorous imprisonment with a fine of Rs.5,000/-. The conviction of the appellant and the sentence awarded is too excessive. The appellant was on bail during trial and he is in jail since 8.5.2012. He has incarcerated more than a year behind the bar. There is no likelihood of early hearing of appeal in near future because there is dockets of pendency of old appeals, 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 of bail and supported the judgment of 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, Sandeep, convicted and sentenced in Session Trial No.522 of 2012, State Vs. Sandeep, arising out of case crime no.55 of 2012, under Section 25 Arms Act, P.S. Badgaon, District Saharanpur, 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.

In the event of depositing half of the fine, remaining half of the amount shall remain 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 :- 18.7.2013

Mustaqeem.