Mohan Lal vs State Of U.P.
2016 Latest Caselaw 5562 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 
Case :- CRIMINAL APPEAL No. - 3306 of 2015
 
Appellant :- Mohan Lal
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Akhilesh Kumar Mishra
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Pratyush Kumar,J.

Crl. Misc. Bail Application No.270857 of 2016.

Heard Sri P.N. Tripathi, 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 Mohan Lal, in pending appeal, who is involved in S. T. No. 148 of 2011, arising out of Case Crime No.566 of 2011, under Sections 498A, 304-B, 201 I.P.C read with section 3/4 of Dowry Prohibition Act,  P.S. Dhanghata, District- Sant Kabir Nagar.

Learned counsel for the appellant submits that the appellant is confined in jail since 26.7.2011. He has been awarded maximum sentence of 8 years rigorous imprisonment under section 304-B I.P.C. I find that  the appellant has already been undergone more than half of the period.

Learned counsel for the appellant further 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.

On behalf of State the bail has been opposed but his confinement of more than 5 years is not disputed. 

In view of the facts and circumstances of the case and the submissions made by learned counsel for the appellant and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

Let appellant Mohan Lal 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.

List this appeal for final hearing in its turn.

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 :- 30.8.2016.G.S