Chhotey Lal & Another vs State Of U.P.
2017 Latest Caselaw 46 ALL

Citation : 2017 Latest Caselaw 46 ALL
Judgement Date : 4 May, 2017

Allahabad High Court

Chhotey Lal & Another vs State Of U.P. on 4 May, 2017

Bench: Kaushal Jayendra Thaker




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- CRIMINAL APPEAL No. - 1225 of 2015
 

 
Appellant :- Chhotey Lal & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Dheerendra Singh,Gulam Mustafa
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

C.M. Application No. 111231 of 2015

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

Chhotey Lal, appellant no.1 has been convicted in Case Crime No. 743 of 2011 along with Shiv Shankar, appellant no.2. Both the accused are reported to be in jail since 29.09.2015.

Learned A.G.A. has vehemently opposed to the accused being released on bail as according to the counsel for the State role of Chhotey Lal was the main role. It was he who was purported of the crime and therefore, both the accused be not released on bail during the pendency of the appeal.

Going through the record, as they have been in jail for more than about one and half years and during the pendency of the trial they were on bail and looking to the age of appellant is more than 60 years of age, they are ordered to be released on bail in Sessions Trial No. 387/2011, arising out of case crime No. 743 of 2011, under sections 304/34, 323/34, 504 I.P.C., Police Station-fatehpur-Chaurasi, District-Unnao, be released on bail on their 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 appellants shall file an undertaking to the effect that he shall not seek any unnecessary adjournment.

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

(iii) The appellants shall inform the change of address within 10 days, failing which the State shall at liberty to request for cancellation of their 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

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