Allahabad High Court
Veer Pal And Anr. vs State Of U.P. on 13 December, 2017
Bench: Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 13
Case :- CRIMINAL APPEAL No. - 7498 of 2017
Appellant :- Veer Pal And Anr.
Respondent :- State Of U.P.
Counsel for Appellant :- Ram Datt Dauholia
Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
(Criminal Misc. Bail Application No. 409738 of 2017)
Heard learned counsel for the appellants and learned A.G.A. for the State.
This criminal appeal has been filed against the judgment and order dated 27.11.2017 passed by learned Additional Sessions Judge/Fast Track Court-1/ Special Judge, Gangster Act), Lalitpur in G.S.T. No. 221 of 2008 (State Vs. Halkey Bhaiya and others) arising out of Case Crime No. 808 of 2008, Police Station Maharauni, District Lalitpur whereby the accused-appellants have been convicted and awarded punishment each under Section 3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 of five years rigorous imprisonment, fine of Rs. 5,000/- and in default of payment of fine six months additional rigorous imprisonment. Simultaneously, an application for bail has also been moved by the accused-appellants for being released on bail during the pendency of appeal.
Learned counsel for the appellants contends that the learned court below has not applied its judicious mind and has passed wrong conviction order without proper appreciation of evidence on record.
Matter requires consideration.
Admit.
Summon the lower court record.
Notice to learned A.G.A. has been served.
As regards the bail application, learned counsel for the appellants contends that both the accused-appellants remained on bail during trial and never misused the liberty. Two cases have been shown in the gang chart against both the accused i.e. Case Crime No. 774 of 2008 under Sections 379, 411, 120B IPC and Case Crime No. 778 under Sections 147, 148, 149 and 307 IPC and both of them have been granted bail and acquitted in them respectively. The order of acquittal has been annexed, though the bail order has not been annexed, but the same has been stated in para 8 of the affidavit. It is further contended that the co-accused Brijesh Singh has been granted bail in this very crime by this Court, hence, parity is claimed. He has no criminal history. He has been falsely implicated. If released on bail, the accused-appellants would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
Looking to the fact that both the accused-appellants were on bail during trial and in both the cases shown in the gang chart against him, they have been either granted bail or have been acquitted, it is found to be a fit case for bail during pendency of appeal.
Accordingly, this bail application is, allowed.
Let the accused- Veer Pal and Jay Hind be released on bail on their furnishing a personal bond of Rs. 75,000/- and two sureties each of the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bond, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant Criminal Appeal.
The applicant-appellants is directed to deposit 50% of the fine awarded by the court below within one month from the date of their release on bail. Remaining 50% of fine shall remain stayed during the pendency of the appeal. In default of payment of fine, the bail granted to the applicant-appellants shall stand automatically cancelled.
Accused-appellants shall file a copy of bail order passed in Case Crime No. 774 of 2008 under Section 379, 411, 120B IPC within 15 days positively, failing which, the bail of these accused would be cancelled.
List this case on 24.1.2018.
Order Date :- 13.12.2017
A.P. Pandey
