Ajay Sharma vs State Of U.P.
2016 Latest Caselaw 5374 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4119 of 2016
 

 
Appellant :- Ajay Sharma
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Lokendra Pratap Singh,Ashutosh Pratap Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Raghvendra Kumar,J.

Heard learned counsel for the appellant and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the appellant that the trial court has failed to  appreciate the evidence in right perspective and erred in recording the finding of conviction, the judgment  is thus perverse.

Admit.

Summon the lower court record within six weeks from today.

List immediately after receipt of record.

Order Date :- 22.8.2016

Su

Case :- CRIMINAL APPEAL No. - 4119 of 2016

Appellant :- Ajay Sharma

Respondent :- State Of U.P.

Counsel for Appellant :- Lokendra Pratap Singh,Ashutosh Pratap Singh

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application Application No. 255334 of 2016

Heard learned counsel for the appellant and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the accused appellant that the victim of the loot and the eye witness have not supported the prosecution version and they have been declared hostile.  One of the co-accused Banti has already been acquitted on the basis of the same evidence. The accused appellant was on bail during the course of trial.

Learned A.G.A.has opposed the bail application.

There is no likelihood of this appeal being heard in near future 

Considering the rival submissions  and without expressing any opinion on the merits of the appeal, I find it a fit case for bail.

Let the appellant Ajay Sharma  convicted in S.T.No. 657 of 2004 ( arising out of case crime No. 14 of 2004) and Special Sessions Trial No. 58  of 2004, case crime No. 13 of 2004, State vs. Ajay Sharma under section 25 Arms Act and Section 392, 411 Indian Penal Code, Police Station Soron, District Etah  be admitted to bail subject to his executing a personal bond and furnishing two heavy and reliable sureties  in the like sum to the satisfaction of the Court concerned.

The appellant is directed to deposit 50% of the amount of fine imposed by the trial court within 10 days from the date of his release from jail and the  realisation of  rest 50%  fine shall remain stayed during pendency of the appeal.

Order Date :- 22.8.2016

Su