Ravindra @ Kalwa And Another vs State Of U.P.
2022 Latest Caselaw 15017 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL APPEAL No. - 4565 of 2022
 
Appellant :- Ravindra @ Kalwa And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Ajay Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Syed Waiz Mian,J.

Order on Bail Application

Heard Sri Ajay Kumar Mishra, learned counsel for the appellants/applicants and learned A.G.A. for the State and perused the record.

It is urged that as per custody certificates of Superintendent of DJ, Meerut, appellant/ applicant no. 1 Ravindra @ Kaluwa has undergone 9 years 3 months and 23 days sentence pursuant to the impugned judgment and order and with remission. It is urged that the appeal is not likely to be heard in near future. In support of his submission, reliance has been placed on the decisions of the Supreme Court in Saudan Singh Vs. The State of Uttar Pradesh (Criminal Appeal No.308 of 2022) and Brijesh Kumar @ Ramu Versus The State of Uttar Pradesh (Criminal Appeal No. 540 of 2022) the appellant is entitled to be enlarged on bail.

Learned AGA has strongly opposed the prayer for bail but he has not been able to dispute the aforenoted authorities.

We have perused the judgment and records of the lower court with the assistance of the learned counsel for the parties. We are of the opinion that the sentence awarded by the trial court be kept in abeyance and the appellant in consequence be enlarged on bail. Consequently, the prayer for bail is granted.

Without expressing any opinion on the merit of the case, let the appellant/applicant- Ravindra @ Kalwa, convicted and sentenced in Sessions Trial No. 1170 of 2013 (State Vs. Ravindra @ Kalwa and another) arising out of Case Crime No.255 of 2013, under Section 302 and 201 I.P.C., Police Station Jani, District Meerut be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

It is made clear that the fine imposed by the trial court in the impugned judgment and order shall remain stayed till the decision of the appeal.

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.

Order on Appeal

Office to prepare the book.

List the appeal in July, 2023.

Order Date :- 21.10.2022

Arif