Prabhunath vs State Of U.P.
2016 Latest Caselaw 5455 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4139 of 2016
 

 
Appellant :- Prabhunath
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Kailash Prakash Pathak
 
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. - 4139 of 2016

Appellant :- Prabhunath

Respondent :- State Of U.P.

Counsel for Appellant :- Kailash Prakash Pathak

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application No.256697 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 appellant is on interim bail.

This fact has not been disputed by learned A.G.A.

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 Prabhunath  convicted in S.T.No. 274 of 2006 , case crime No. 314 of 2004 under section 323, 324, 504 I.P.C. of Police Station Kopaganj, District Mau  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