Shiv Kumar @ Jojo vs State Of U.P.
2017 Latest Caselaw 45 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 
Case :- CRIMINAL APPEAL No. - 374 of 2016
 
Appellant :- Shiv Kumar @ Jojo
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ramesh Kumar Srivastava
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

C.M. Application No. 28312 of 2016

Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

Shiv Kumar @ JoJo, appellant is ordered to be enlarged on bail as he is in jail since 20.11.2014 and this is first bail application.

He was not on bail during the pendency of trial which shows that there was seriousness in the offence as submitted by the learned counsel for the State.

The sentence shall remain suspended. As far as fine is concerned, he shall deposit the fine, but, as far his bail is concerned, at this stage he has undergone 3 years of incarnation out of 7 years and therefore, he is ordered to be to be enlarged on bail in Sessions Trial No. 550 of 2016, arising out of case crime No. 616 of 2014, under sections 366, 368, 376, 506, 328 I.P.C., Police Station-Bacchrawan, District-Raebareli, be released on bail on his furnishing a personal bond and two sureties of Rs. 10,000/- each in the like amount to the satisfaction of the court concerned with the following conditions :-

(i) The appellant shall file an undertaking to the effect that he shall not seek any unnecessary adjournment.

(ii) The appellant shall not leave India without permission of this Court.

(iii) The appellant shall inform the change of address within 10 days, failing which the State shall at liberty to request for cancellation of his bail.

(iv) Fine shall be deposited forthwith.

As far as sentence is concerned the same shall remain suspended during pendency of the appeal.

Order Date :- 4.5.2017/psd