Allahabad High Court
Kamla Prasad vs State Of U.P. on 8 July, 2019
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL APPEAL No. - 4221 of 2019
Appellant :- Kamla Prasad
Respondent :- State Of U.P.
Counsel for Appellant :- Sanjay Pratap Singh,Pawnesh Tiwari
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Ref. Order on Criminal Misc. Correction Application No.2 of 2019.
Heard Sri Pawnesh Tiwari, learned counsel for the applicant and Sri Abhinav Prasad, learned AGA appearing for the State and also perused the record.
Learned counsel for the applicant states that he does not want to press the correction application dated 2.7.2019 and it may be dismissed as not pressed.
Accordingly the correction applicant is dismissed as not pressed.
Order Date :- 8.7.2019
IA
Case :- CRIMINAL APPEAL No. - 4221 of 2019
Appellant :- Kamla Prasad
Respondent :- State Of U.P.
Counsel for Appellant :- Sanjay Pratap Singh,Pawnesh Tiwari
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Ref. Order on Criminal Misc. Correction Application No.2 of 2019.
Heard Sri Pawnesh Tiwari, learned counsel for the applicant and Sri Abhinav Prasad, learned AGA appearing for the State and also perused the record.
The correction application dated 4.7.2019 has been moved for correction of the order dated 17.6.2019 passed by this Court.
Cause shown in paragraph no.3 of the accompanying affidavit is sufficient.
The correction application is allowed and the order dated 17.6.2019 is corrected as under:
The entire order dated 17.6.2019 passed by this court is deleted and in its place the following order is passed and the same shall be read as such.
"The submission of learned counsel for the appellant is that there is no allegation of any wrongful gain against the appellant the only allegation is that the appellant committed irregularity while forwarding the documents. There is no finding of conviction recorded by the learned court below is bad in law as it is based on evidence which is not cogent and reliable, there is material contradiction in it. He has also submitted that learned court below has also failed to consider that appellants are not previous convict. He has further submitted that appellant is innocent he has falsely been implicated in the present case. He has also submitted that appellant never misused the bail during trial. He ensured his presence at every time whenever he was called upon by the trial Court.
Learned AGA has vehemently opposed the prayer.
Upon hearing the submissions of learned counsel of the parties, perusing the record and considering the fact and circumstances of the case and also that appeal is not likely to be heard in near future, I deem proper to enlarge the appellants on bail during pendency of appeal.
Let the applicant-appellant Kamla Prasad be released on bail in S.T.No.137 of 2016 (State Vs. Gufran and others) arising out of Case Crime No. 747/1993, under sections 109 read with 467, 468, 471/120B IPC and Section section 13(1)(D) Prevention of Corruption Act, Police Station- Devband, District Saharanpur on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal."
Accordingly the correction application stands disposed off.
Order Date :- 8.7.2019
IA
