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Shivlal vs State Of U.P. on 18 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- CRIMINAL APPEAL No. – 286 of 2020

Appellant :- Shivlal

Respondent :- State of U.P.

Counsel for Appellant :- Pawan Kumar

Counsel for Respondent :- G.A.

Hon’ble Siddharth,J.

Order on Criminal Misc. Bail Application

Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.

This criminal appeal has been filed against the judgement and order dated 13.12.2019 passed by Additional Sessions Judge,(F.T.C. court no.1), Maharajgnaj under section 376 sentencing him for eight years rigorous imprisonment with fine of Rs. 50,000/- in default of deposit of fine to undergo additional imprisonment of one year and under section 354 I.P.C. to undergo one year’s simple imprisonment and with fine of Rs. 3,000 and in default to undergo additional imprisonment of two months.

It has been contended by the learned counsel for the appellant that victim had admitted enmity with the appellant’s family. The medical report does not supports the prosecution case.The appellant has been falsely implicated, convicted and sentenced in this case. He was on bail during the trial. The appeal is of the year 2020 and is not likely to be heard in near future. The appellant is in jail since 13.12.2019.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the appellant.

Considering the argument advanced, the facts and circumstances of the case as well as the sentence awarded to the appellant, I am of the opinion that the appellant is entitled to be released on bail.

Let the appellant Shivlal, convicted and sentenced in S.T. No. 175 of 2008 ( case crime no. 688 of 2008) under sections 376, 354 I.P.C. P.S. Kulhui District Maharajganj 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.

The appellant will deposit Rs. 25,000/- towards fine awarded and out of the amount of Rs. 25,000/, Rs. 20,000/- shall be paid to the victim as compensation and Rs. 5,000/- shall be deposited towards fine.

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 the Criminal Appeal

Admit.

Call for lower court record.

List this appeal for hearing in normal course.

Order Date :- 18.1.2020

Atul kr. sri.

 

 

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