Omendra And Another vs State Of U.P.
2019 Latest Caselaw 3230 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL APPEAL No. - 6930 of 2018
 

 
Appellant :- Omendra And Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Praveen Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

Appellant no. 2-Satybhan has already been released on bail by order dated 29.11.2018.

Heard learned counsel for the applicant-appellant no. 1 on bail application.

The accused-appellant no. 1-Omendra has been convicted and sentenced by impugned judgment and order dated 15.10.2018 passed by learned Additional Sessions Judge/Fast Track Court, Budaun in S.T. No. 629 of 2012, arising out of Case Crime No. 38 of 2012, P.S. Kadar Chauk, District Budaun for the offence under Section 324/34 IPC for three years rigorous imprisonment and a fine of Rs.3,000/-.

Submission of learned counsel for the appellant is that co-accused-Satybhan has already been released on bail by order dated 29.11.2018. Further submission is that appellant-applicant was sentenced only for three years under Section 324/34 IPC. Appellant is on interim bail vide order dated 15.10.2018. Appellant was on bail during trial which liberty he never misused. The appellant is languishing in jail since 15.10.2018. Further submission is that since there is no chance of early hearing of this appeal, the appellant may be released on bail during pendency of appeal.

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

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

Let the appellant no. 1-Omendra convicted in Sessions Trial No. 629 of 2012, arising out of Case Crime No. 38 of 2012, P.S. Kadar Chauk, District Budaun, be released on bail during pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the learned court concerned.

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.

As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.

List the appeal for hearing in due course.

Order Date :- 19.4.2019

RCT/-