An order granting bail to appellants pending disposal of their criminal appeal. The court released appellants on personal bond and sureties while staying half of the fined amount.
Appellants released on bail; half of fine stayed with balance to be deposited within one month.
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Court No. - 86
Case :- CRIMINAL APPEAL No. - 5398 of 2024
Appellant :- Ashok Kumar And Another Respondent :- State of U.P. Counsel for Appellant :- Amit Daga,Anand Mohan Pandey Counsel for Respondent :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Order on Criminal Misc. Bail Application / Suspension of Sentence Application
misused the liberty of bail. The offence under Sections 380 and 411 IPC is not made out against the appellants as the running train does not fall in the category of dwelling house. It is also submitted that the F.I.R. was lodged against the unknown persons and during investigation co-accused Happy Bhatia was arrested by the police and some stolen articles are said to be recovered from his possession but subsequently the said Happy Bhatia never appeared before the Court during trial and kept absconding. It is also submitted that the electronic evidence has not been proved in a legal manner before the Court. No actual recovery of any stolen article has been made from the possession of the present appellants. It is further submitted that the appellants have no criminal history to their credit. Since there is no likelihood of early hearing of the appeal in near future, the appellants may be released on bail pending appeal. Besides the above submissions, learned counsel for the appellants has also tried to touch upon at length the circumstances which led to the false implication of accused - appellants. It is lastly submitted that maximum sentence of five years imprisonment has been awarded to the appellants in this case.
Court, is stayed but accused-appellants shall deposit the remaining half fine within a period of one month from the date of their release in terms of the order of learned trial Court
Order on appeal
Order Date :- 8.7.2024 safi
Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to appellants pending disposal of their criminal appeal despite conviction and sentence.
1 provisions across 1 enactments
Ashok Kumar
Mohit Kumar
State of U.P.
Nalin Kumar Srivastava, J.
Mahboob Safi
As recorded by the court registry
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