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2012 Supreme(SC) 286
IN THE SUPREME COURT OF INDIA
H.L. Dattu and Chandramauli Kumar Prasad, JJ.
Fazal
Vs.
State of U.P.
Petitions for Special Leave to Appeal (Crl.) No. 8155/2011
Decided On: 09.04.2012
Advocates appeared:
For Appellant/Petitioner/Plaintiff: R.S. Rathi, Kusum and Prabhat Kumar, Advs. for Ashok Kumar Gupta II, Adv.
For Respondents/Defendant: Ratnakar Dash, Sr. Adv. and Vikrant Yadav, Adv. for Kamlendra Mishra, Adv.
For Appellant/Petitioner/Plaintiff: R.S. Rathi, Kusum and Prabhat Kumar, Advs. for Ashok Kumar Gupta II, Adv.
For Respondents/Defendant: Ratnakar Dash, Sr. Adv. and Vikrant Yadav, Adv. for Kamlendra Mishra, Adv.
Headnote:Code of Criminal Procedure, 1973 – Section 439 – Appellant already serving for more than 5 years – Bail granted. (Para 4)
ORDER
1. Application for exemption from filing Official Translation is allowed.
2. Leave granted.
3. Delay condoned.
4. As the Appellant has already served a period of more than 5 years of sentence, in our opinion, the Appellant deserves to be released on bail. Accordingly, we direct that, during the pendency of the appeal, the Appellant be released on bail, subject to the satisfaction of the Trial Court.
