Court No. - 46 Case :- CRIMINAL APPEAL No. - 4273 of 2009 Petitioner :- Prakash Respondent :- State Of U.P. Petitioner Counsel :- Preet Pal Singh Rathore,Apul Misra Respondent Counsel :- Govt. Advocate Hon'ble Sheo Kumar Singh,J.
Hon’ble Shyam Shankar Tiwari,J.
Heard Sri P.N. Misra Advocate assisted by Sri R.P.S. Chauhan and
Sri Solanki learned Advocate who appeared to press bail
application moved on behalf of Prakash and learned Additional
Government Advocate for the State.
Appellant above named was prosecuted for the offence punishable
under Sections so mentioned in the judgment and he is to serve out
the sentence so provided.
Submission is that the name of the appellant has not come in the
First Information Report and he was not handing any weapon and
he was only catching hold to the deceased and the other accused
cause injury to the deceased. It is further submitted that appellant
was on bail during the trial and he did not misuse the same.
Learned Additional Government Advocate to oppose the aforesaid
submits that in respect to the role of catching hold and having no
weapon with the appellant as submitted is correct but as Trial
Judge believed the prosecution version and convicted all the
accused then it is not a fit case for bail.
After hearing the aforesaid it is clear that appellant is not assigned
any weapon and it is said that he just caught hold the deceased to
facilitate the other accused to commit the offence.
Submission is that appellant was on bail during the trial and he did
not misuse the same and the appeal is not so old and thus it will
take long time in its disposal, thus the appellant is entitled to be
enlarged on bail.
Accordingly, let the appellant Prakash involved in S.T. No.
530/2000, be enlarged on bail on his furnishing a personal bond
and two sureties each in the like amount to the satisfaction of the
court concerned.
Realization of fine in respect to above appellant to the extent of
fifty percent shall remain stayed. Balance amount of fine shall be
deposited forthwith. The release order shall be sent after deposit of
fine.
Order Date :- 25.1.2010
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