Suresh And Anr. vs State Of U.P.
2019 Latest Caselaw 2672 ALL

Citation : 2019 Latest Caselaw 2672 ALL
Judgement Date : 8 April, 2019

Allahabad High Court

Suresh And Anr. vs State Of U.P. on 8 April, 2019

Bench: Pradeep Kumar Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL APPEAL No. - 3842 of 2018
 

 
Appellant :- Suresh And Anr.
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ashok Kumar Singh,Ranjeet Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Order on Criminal Misc. Bail Application No. of 2018.

Heard learned counsel for the appellant and learned A.G.A. for the State on bail application. Perused the record.

From perusal of record, it appears that by the impugned judgment dated 28.5.2018, appellants Suresh and Yogendra have been convicted for the offence under Section 363 IPC for 7 years simple imprisonment and Rs.10,000/- as fine each.

Submission of learned counsel for the appellants is that appellants are innocent and have been falsely implicated in the present case. Further submission is that appellants are in jail since last more than three years and six months. Further submission is that remaining accused-appellants have already been released on bail. They also undertake that they will not misuse the liberty of bail, if granted.

Learned A.G.A. has opposed the bail prayer.

Considering the facts and circumstances of the case, I find sufficient ground for bail of the accused-appellants during pendency of appeal.

Let the appellants-Suresh and Yogendra in S.T. No.89 of 2014, arising out of Case Crime No. 59 of 2013, under Sections 363 IPC, P.S. Madrak, District Aligarh, be released on bail during pendency of appeal on their furnishing two sureties of one lakh each with equal amount of personal bond to the satisfaction of the learned trial court.

Learned trial court is further directed to submit original papers to the court keeping photostat copies thereof for record.

So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.

List the appeal for hearing in due course.

Order Date :- 8.4.2019

RCT/-