Court No. - 10 Case :- CRIMINAL APPEAL No. - 1940 of 2010 Petitioner :- Naseer Respondent :- State Of U.P. Petitioner Counsel :- Amar Nath Dubey Respondent Counsel :- Govt. Advocate Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the appellant, learned AGA for the State
and perused the record.
Accused-appellant has been convicted and sentenced by the trial
court vide order dated 01.05.2010 passed by learned Additional
Session Judge/F.T.C., Court No. 3, Gonda in S.T. No. 216/2009
relating to crime case No. 68/2009, P.S. G.R.P., Gonda for the
offences under Section 411 IPC for 3 years R.I. and fine of Rs.
5,000/- and in default of payment of fine, two months additional
S.I. Accused-appellant has been acquitted for the offence under
Section 413 IPC.
There was delay in filing the appeal. Delay has already been
condoned vide order dated 22.07.2010.
Learned counsel for the appellant challenged the finding of
conviction of trial court saying that these are illegal, invalid and
improper.
Arguable case is made out.
Admit.
Summon the lower court record.
List the appeal for hearing.
Order Date :- 5.8.2010
Rakesh/-
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Court No. – 10
Case :- CRIMINAL APPEAL No. – 1940 of 2010
Petitioner :- Naseer
Respondent :- State Of U.P.
Petitioner Counsel :- Amar Nath Dubey
Respondent Counsel :- Govt. Advocate
Hon’ble Yogendra Kumar Sangal,J.
Criminal Misc. Application No. 71238 of 2010
Heard learned counsel for the applicant as well as learned AGA for the State
and perused the record.
This is an application under Section 389 CrPC moved by the applicant to
release him on bail during the pendency of the present appeal. Accused-
applicant was sentenced by the learned trial court in S.T. No. 216 of 2009
relating to Case Crime No. 68 of 2009 under Section 41/411/413 IPC, P.S.
G.R.P. Gonda, District Gonda. Under Section 411 IPC only and to undergo
rigorous imprisonment for 3 years and to pay fine of Rs. 5,000/- and in default
of payment of fine, two months additional S.I.
Learned counsel for the accused-appellant argued that alleged recovered
articles were claimed his own by him in trial court, but learned trial court has
not considered the case of the accused-appellant and not duly appreciated the
evidence available on record. No independent witness was examined in the
matter. No sufficient evidence available on record to hold guilty to him in the
matter.
It was further argued that although there was an order of the trial court to
release him on bail in aforesaid case crime number, but he was not be released
from jail because he was detained in another Case Crime No. 63 of 2009
under Section 3/1 of U.P. Gangster Act. It was further stated by the learned
counsel for the applicant that no application to release him on interim bail
after conviction order was moved in the trial court.
Learned AGA opposed the bail.
Seeing the facts and circumstances of the case and considering the arguments
of the learned counsel for the parties and also taking into consideration the
quantum of punishment awarded by the learned trial court, I find it is a fit
case for bail. Accordingly, let appellant Naseer be released on bail on his
furnishing a personal bond with two sureties each in the like amount to the
satisfaction of court concerned. Half of the fine shall be deposited along with
bail bonds and rest amount of fine shall be deposited after three months from
the date of the release of the accused.Photocopy of the bail bonds be sent to
this Court for placing the same on the record of the appeal within one month.
Bail application shall stand dispose of.
Order Date :- 5.8.2010/ Rakesh/-