Kalia & Others vs State Of U.P.
2013 Latest Caselaw 4780 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 5546 of 2002
 

 
Appellant :- Kalia & Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- D.K. Dewan,R.K.Yadav
 
Counsel for Respondent :- Govt. Advocate,S.K.Yadav
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the appellants and the learned AGA.

This is the bail application moved on behalf of the appellants.

It is submitted by the learned counsel for the appellants that at the time of admission of appeal the appellants were released on bail. Thereafter on 21.5.2013 on account of absence of the counsel for the appellants, the another Bench of this Court cancelled the bail of the appellants. In pursuance of the order dated 21.5.2013, the appellants surrendered before the court below on 13.7.2013, and on 15.7.2013 they were produced before this Court in judicial custody. Since the bail was already cancelled they were again sent back to the jail. Now they are languishing in jail since 13.7.2013. The appellants had never misused the liberty of bail and the chance of early hearing of the appeal is far flung, therefore the appellants may be released on bail. In case they are enlarged on bail, they will not misuse the liberty of bail.

Per contra the learned counsel appearing on behalf of complainant has contended that the matter is quite old and the order has already been passed for final hearing of the appeal.

Considering the facts and circumstances of the case and keeping in view of the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellants, namely, Kailo, Samundra Singh, Baldeo and Amir Chand, convicted and sentenced in Session Trial No.794 of 1999, State Vs. Kailo & three others, arising out of case crime no.75 of 1998, under Section 307/34, 323/34, 324/34, 504, 506 IPC, P.S. Malpura, District Agra, 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.

Order Date :- 30.7.2013

Mustaqeem.