Sattu @ Satyapal Singh vs State Of U.P.
2019 Latest Caselaw 4025 ALL

Citation : 2019 Latest Caselaw 4025 ALL
Judgement Date : 2 May, 2019

Allahabad High Court

Sattu @ Satyapal Singh vs State Of U.P. on 2 May, 2019

Bench: Pradeep Kumar Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 1390 of 2018
 

 
Appellant :- Sattu @ Satyapal Singh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ved Prakash Ojha
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the accused-appellant, learned A.G.A. for the State on bail application. Perused the record.

By the judgement and order dated 10.1.2018 passed by Additional Sessions Judge, F.T.C., Lalitpur, the accused-appellant has been convicted in S.T. No. 139 of 2015, arising out of Case Crime No. 121 of 2015, P.S. Jakhlaun, District Lalitpur and sentenced for the offence under section 272 IPC, for ten years rigorous imprisonment and fine of Rs.10,000/-.

Submission of learned counsel for the accused-appellant is that accused-appellant has been falsely implicated in this case as the alleged recovery is of only ten litres country made liquor. Further submission is that during trial, accused-appellant was on bail and he never misused the liberty of bail. He is languishing in jail since 10.1.2018 without having any criminal history against him.

Learned A.G.A. has vehemently opposed the prayer of bail and submitted that learned trial court has rightly convicted and sentenced the accused appellant after appreciating evidence on record.

Considering the facts and circumstances of the case and that there is no chance of early hearing of this appeal, without expressing any opinion on merits of the case, I find it to be a case for bail during pendency of appeal.

Let the appellant-Sattu @ Satyapal Singh convicted in S.T. No. 139 of 2015, arising out of Case Crime No. 121 of 2015, under section 272 IPC, P.S. Jakhlaun, District Lalitpur, 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 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 :- 2.5.2019

RCT/-