Harkesh & Another vs State Of U.P.
2013 Latest Caselaw 5642 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3603 of 2013
 

 
Appellant :- Harkesh & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Chandra Shekhar Mishra
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Certified copy of order of interim bail passed by the trial court has been filed on behalf of appellants, let the same be taken on record.

Counter affidavit has been filed on behalf of State, let the same be taken on the record.

Heard learned counsel for the appellants and the learned AGA.

Admit.

Summon the lower court record.

It is submitted by the learned counsel for the appellants that the appellants have been convicted under Section 135 of the Electricity Act for a period of six months rigorous imprisonment. The offence is compoundable in nature. The appellants were released on interim bail vide order dated 5.7.2013. The appellants have not committed any offence and have been falsely implicated in the case. The sentence awarded is too excessive and against the evidence on record. The appellants were 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 docket of pendency of old appeals and the purpose for filing the appeal would be frustrated, 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 for bail and has contended that there is no illegality in the judgment and order passed by the trial court.

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, Harkesh and Dilawar Singh, convicted and sentenced in Special Session Trial No.23 of 2011, State Vs. Harkesh, arising out of case crime no.14 of 2011, and in Special Session Trial No.22 of 2011, State Vs. Dilawar Singh, arising out of case crime no.15 of 2011, under Section 135 of the Electricity Act, P.S. Noorpur, District Bijnore, 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.

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

Order Date :- 10.9.2013

Mustaqeem.