Sheetal vs State Of U.P.
2019 Latest Caselaw 5080 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 7093 of 2018
 

 
Appellant :- Sheetal
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Deepak Kumar,Rajive Ratn Singh,Ajay Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

By the judgement dated 15.7.2017 passed by learned Additional District & Sessions Judge, Court No. 4, Bijnor, the accused-appellant has been convicted in Sessions Trial No. 95 of 2015, arising out of Case Crime No. 142 of 2014, P.S. Sherkot, District Bijnor and sentenced for the offence under section 308 IPC, for four years rigorous imprisonment and fine of Rs.5000/-, for the offence under section 323 IPC, for one year rigorous imprisonment, for the offence under section 325 IPC, for three years rigorous imprisonment and fine of Rs.3,000/-, for the offence under section 504 IPC, for two years rigorous imprisonment and for the offence under section 506 IPC, two years rigorous imprisonment.

Submission of learned counsel for the accused-appellant is that accused-appellant has been falsely implicated in this case. The maximum sentence which has been awarded is of four years for the offence under section 308 IPC. There is no evidence against accused appellant on the basis of which, he was convicted. The accused appellant is in jail since 15.7.2017. He undertakes that he will not misuse the liberty of bail, if granted.

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, nature of accusation against appellant and also 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-Sheetal convicted in Sessions Trial No. 95 of 2015, arising out of Case Crime No. 142 of 2014, under Sections 308, 323, 325, 504, 506 IPC, P.S. Sherkot, District Bijnor, 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.

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 :- 28.5.2019

RCT/-