Tinkoo Raja @ Manohar Singh vs State Of U.P.
2022 Latest Caselaw 5351 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL APPEAL No. - 7446 of 2018
 

 
Appellant :- Tinkoo Raja @ Manohar Singh
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Sushil Kumar Dubey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Deepak Verma,J.

Order on Appeal

List in due course.

Order on Crl. Misc. Bail Application No.1 of 2018

Heard Sri Sushil Kumar Dubey, learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.

Present bail application has been moved on behalf of the appellant who has been convicted in S.T. No. 40 of 2007, arising out of Case Crime No.772 of 2007, under Section 25 Arms Act, Police Station Kotwali Orai, District Jalaun and sentenced to undergo three years imprisonment along with fine of Rs.5000/- and in default in payment of fine, he was further to undergo six months additional imprisonment.

Learned counsel for the appellant submitted that during trial the applicant was on bail and after conviction trial court released the applicant on interim bail. Further a co-ordinate Bench of this Court vide order dated 17.12.2018 extended the interim bail order dated 24.11.2018 till the date fixed.

Since the appellant was on bail and has not misused the bail granted during trial.The appeal is not likely to be heard in near future. It has also been submitted that in case, on being released on regulabail, the appellant will not misuse the liberty of bail.

Learned AGA has opposed the prayer for bail and submitted that appellant is not entitled for bail. There is no illegality and infirmity in passing the impugned judgment.

Having considered the rival submissions and the facts, since the appeal cannot be taken up and disposed of expeditiously in near future and during trial appellant has not misused the bail, without expressing opinion on the merits, I am of the view that the appellant Tinku Raja @ Manohar Singh has made out a case for release on bail pending disposal of the appeal.

Let the accused appellant Tinku Raja @ Manohar Singh be released on bail in the above case on furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to furnishing undertaking that he will cooperate in the hearing of the appeal.

The appellant is directed to deposit 50% of the amount of fine imposed by the trial court within one month from the date of his release on bail and the realization of rest 50% fine shall remain stayed during pendency of the appeal.

On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

Order Date :- 23.6.2022

Deepika