Court No. - 48

Case :- CRIMINAL APPEAL No. - 1496 of 2016

Appellant :- Vijay Mali

Respondent :- State of U.P.

Counsel for Appellant :- Sidharth Shankar Mishra,Laxmi Kant

Shukla,Satish Kumar Shukla

Counsel for Respondent :- G.A.,Tarun Kumar Tripathi

Hon'ble Suneet Kumar,J.

Hon'ble Syed Waiz Mian,J.

Order on Criminal Misc.

Bail Application No.

98866 of 2016.

Heard Shri Laxmi Kant Shukla, learned counsel for the

appellant/applicant and learned A.G.A. for the State and Shri

Saurab Tripathi, Advocate, holding brief of Shri Tarun Kumar

Tripathi, leaned counsel for the complainant, and perused the

record.

It is urged that appellant/applicant has undergone incarceration

with remission for more than 15 years sentence pursuant to the

impugned judgment and order. In the supplementary affidavit it

is stated that the applicant has been acquitted in all the criminal

cases pending against him. It is urged that the appeal is not

likely to be heard in near future. In support of his submission,

reliance has been placed on the decisions of the Supreme Court

in Saudan Singh Vs. The State of Uttar Pradesh (Criminal

Appeal No.308 of 2022) and Brijesh Kumar @ Ramu Versus

The State of Uttar Pradesh (Criminal Appeal No. 540 of 2022)

the appellant is entitled to be enlarged on bail.

Learned AGA has strongly opposed the prayer for bail but he

has not been able to dispute the aforenoted authorities.

We have perused the judgment and records of the lower court

with the assistance of the learned counsel for the parties. We are

of the opinion that the sentence awarded by the trial court be

kept in abeyance and the appellant in consequence be enlarged

on bail. Consequently, the prayer for bail is granted.

Without expressing any opinion on the merit of the case, let the

appellant/applicant- Vijay Mali, convicted and sentenced in

Sessions Trial No. 31 of 2005, State vs. Vijay Mali & Ors.,

arising out of Case Crime No. 1402 of 2007, under Section 302

I.P.C., Police Station Sumerpur, District-Hamirpur 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.

It is made clear that the fine imposed by the trial court, in the

impugned judgment and order shall remain stayed till the

decision of the appeal.

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.

Office to inform the concerned Jail Superintendent through

C.J.M. concerned to ensure compliance of the order.

Order on Appeal

Office to prepare paper book, if not prepared.

List the appeal for hearing in the month of July, 2023.

Order Date :- 15.9.2022

Deepak/

Digitally signed by DEEPAK KUMAR

KUSHWAHA

Date: 2022.09.16 11:29:56 IST

Reason:

Location: High Court of Judicature at

Allahabad