Citation : 2016 Latest Caselaw 5149 ALL
Judgement Date : 10 August, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL No. - 1151 of 2015 Appellant :- Salim Respondent :- State Of U.P. Counsel for Appellant :- Syed Wajid Ali,Anuj Kumar Sharma,T.K. Mishra Counsel for Respondent :- Govt.Advocate Hon'ble Pratyush Kumar,J.
Crl. Misc. Bail Application No. 102004 of 2015.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for appellant, learned A.G.A for the State-respondent and perused the record.
This Bail application has been moved by the accused-appellant Salim in pending appeal, who is involved in S.T. No.1518 of 2008, ( State Vs. Salim and others), under Sections 363, 366-A and 376 I.P.C, P.S. Kankar, Khera District- Meerut (Crime No. 155 of 2008).
Learned counsel for the appellant submits that the impugned judgement and order of the court's below are illegal and perverse. The court's below has not appreciated the evidence available on record in proper perspective, hence the findings recorded by the court's below deserve to be set aside.
It is further submitted that during trial the appellant was on bail and he has not misused the liberty of bail.
On behalf of State the bail has been opposed.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let appellant Salim be released on bail in the aforesaid session trial number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Learned counsel for the appellant has also requested to expedite the hearing of the criminal appeal.
List this appeal for final hearing on 30.8.2016..
However, realization of half of the fine awarded to the appellant shall remain stayed and remaining half of the fine shall be deposited by the appellant within 30 days from the date of his actual release.
Order Date :- 10.8.2016
G.S
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