Ghanshyam vs State Of U.P. & Anr.
2021 Latest Caselaw 9365 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 
Case :- CRIMINAL APPEAL No. - 2314 of 2018
 
Appellant :- Ghanshyam
 
Respondent :- State Of U.P. & Anr.
 
Counsel for Appellant :- Amrendra Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Karunesh Singh Pawar,J.

(C.M.A. No. 140008/2018 - Bail Application)

Heard learned counsel for the appellant, learned Additional Government Advocate for the State and perused the record.

This the application for bail filed under Section 389 Cr.P.C. in the instant criminal appeal by learned counsel for the appellant for suspending the sentence and releasing him on bail as the appellant has been convicted vide judgment and order dated 29.10.2018 passed in Session Trial/Criminal Case No. 359/2014, case crime No. 222/2014, Police Station Mavai, District Faizabad, sentencing the appellant under Section 363 I.P.C. for a period of 3 years of rigorous imprisonment with a fine of Rs. 3000/- and under Section 366 I.P.C. for a period of 5 years rigorous imprisonment with a fine of Rs. 5000/-.

Learned counsel for the appellant submits that the appellant was on bail during trial and he has not misused the liberty of bail.

Learned counsel for the appellant submits that the appellant has been sentenced for a maximum period of five years and he has already incarcerated for about 2 and half years.

It is lastly submitted that the appellant has no criminal history and he is languishing in jail since 29.10.2018 and the appeal is not likely to be decided in the near future.

Learned A.G.A., however, opposes the prayer for bail of the appellant, on the ground that, the appellant has committed a serious and heinous offence and has been rightly convicted by the court below, and the appellant is not entitled for bail. However, he could not confront the factual submissions made by learned counsel for the appellant.

In view of the facts and circumstances of the case and without commenting on the merits of the case and considering the fact that appellant was on bail and has not been misused the liberty of bail and further that there is no likelihood that the present appeal may be listed for hearing in the near future as also due to covid 19 pandemic, this Court is of the view that the case of bail is made out.

Accordingly, the bail application is allowed. Sentence of the appellant shall remain suspend during pendency of the appeal.

Let the appellant Ghanshyam involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) Fifty percent of fine imposed by the trial court shall be deposited by the appellant within a period of two months from the date of his release.

(ii) The appellant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.

(iii) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Office is directed to list this appeal on its turn.

Order Date :- 3.8.2021

R.C.