Allahabad High Court
Bhagwat Saran @ Bhagat vs State Of U.P. on 30 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 433 of 2019
Appellant :- Bhagwat Saran @ Bhagat
Respondent :- State Of U.P.
Counsel for Appellant :- Sanjay Singh
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
Heard learned counsel for the appellant and learned A.G.A. for the State on bail application. Perused the record.
By judgement dated 15.12.2018 passed by learned 4th Additional Sessions Judge/Special Judge, Rampur, the accused-appellant has been convicted in Sessions Trial No. 221 of 2013, arising out of Case Crime No. 1213 of 2010, P.S. Azeem Nagar, District Rampur and sentenced for the offence under sections 272 IPC, for five years simple imprisonment and fine of Rs.5,000/- and for the offence under section 60 Excise Act, for one year simple imprisonment and fine of Rs.5,000/- and in default of payment of fine, further two months additional imprisonment.
Submission of learned counsel for the accused-appellant is that he has been falsely implicated in this case. Alleged recovery of 20 litres country made liquor is not witnessed by any public witness. The learned trial court without appreciating evidence on record convicted the accused-appellant. The accused-appellant was on bail during trial and he never misused the liberty of bail. The accused-appellant is in jail since 15.12.2018. 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 appellants after appreciating evidence on record.
Considering the facts and circumstances of the case, 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-Bhagwat Saran alias Bhagat Gi convicted in Sessions Trial No. 221 of 2013, arising out of Case Crime No. 1213 of 2010, under Sections 272 IPC & 60 Excise Act, P.S. Azeem Nagar, District Rampur, 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 :- 30.5.2019
RCT/-
