Satya Prakash Sharma vs State Of U.P.
2016 Latest Caselaw 5421 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4125 of 2016
 

 
Appellant :- Satya Prakash Sharma
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Dhananjay 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 :- 23.8.2016

Su

Case :- CRIMINAL APPEAL No. - 4125 of 2016

Appellant :- Satya Prakash Sharma

Respondent :- State Of U.P.

Counsel for Appellant :- Dhananjay Pratap Singh

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application Application No. 256092 of 2016

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

It has been submitted that the accused appellant has been falsely implicated on the ground of enmity. It has further been submitted that the accused-appellant is languishing in jail since 2.7.2014. It has further been submitted that there is no likelihood of hearing of the appeal come up for hearing in the near future. Learned court below has failed to appreciate the the evidence in right perspective.

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

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 Satya Prakash Sharma  convicted in S.T.No. 789 of 2014 ( Case Crime No. 942 of 2014) State vs. Satya Prakash Sharma, under section 354 I.P.C., Police Station Quarsi, District Aligarh 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 :- 23.8.2016

Su