Arshad vs State Of U.P.
2022 Latest Caselaw 5438 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- CRIMINAL APPEAL No. - 1657 of 2022
 

 
Appellant :- Arshad
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Kamal Dev Rai
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ajit Singh,J.

Heard the learned counsel for the appellant, learned A.G.A for the State and perused the judgment and order dated 25.2.2022 passed by Special Judge (Gangster Act), Addl. Sessions Judge, court no. 8, Etawah in Special Case No. 326 of 2012 (State Versus Mustkim and others) arising out of case crime no. 54 of 2005, under section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Etawah, whereby the appellant has been convicted and sentenced to 4 years' R.I. with a fine of Rs. 5000/-.

Admit.

Issue notice.

Summon the lower court record at an early date.

Learned counsel for the accused appellant submits that similarly placed co-accused, namely, Tajuddin and Mustaqeen have been granted bail, vide orders dated 4.4.2022 and 29.4.2022 in Criminal Appeal Nos.1695 of 2022 and 1513 of 2022, respectively filed against the same judgment and order dated 25.02.2022 impugned in this appeal. Hence, the applicant is also entitled to be released on bail on the ground of parity.

During pendency of trial the accused was on bail and he never misused the liberty of bail.

Keeping in view the entire facts and circumstances of the case and submissions of the learned counsel for the appellant and the learned A.G.A., the appellant is released on bail in Special Case No. 326 of 2012 (State Versus Mustkim and others) arising out of case crime no. 54 of 2005, under section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Etawah, during the pendency of the appeal, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

The realization of half of the fine shall remain stayed during pendency of the appeal, provided the appellant's deposit half of the fine at the time of filing of bail bonds in the trial court.

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

List after three months for final hearing before appropriate Bench.

Order Date :- 27.6.2022

Neetu