Jitendra vs State Of U.P.
2016 Latest Caselaw 5423 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4140 of 2016
 

 
Appellant :- Jitendra
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Shyam Sunder Mishra
 
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. - 4140 of 2016

Appellant :- Jitendra

Respondent :- State Of U.P.

Counsel for Appellant :- Shyam Sunder Mishra

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application  No. 256710 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 co-accused has  already been released on interim bail. The accused appellant was also on interim bail but he could not file bail bond and deposit the fine.

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 Jitendra  convicted in S.T.No. 38 of 2012 ,( State  vs. Nanka and others ) under sections 452, 323/34, 504, 506 I.P.C., and section 3(1) (10) SC/ST Act, Police Station Thariyaon, District Fatehpur  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