Achche Lal vs State of U.P.

Shri Kant Tripathi, J.—The Appellant has been convicted and sentenced u/s 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 vide the judgment and order dated 29.03.2011 rendered in S.T. No. 4 of 1990 arising out of case crime No. 83 of 1990, by Additional Sessions Judge/Additional Special Judge (Gangster Act), Court No. 13, Varanasi, and the maximum sentence imposed on him is of 3 years'' R.I.

Heard the learned Counsel for the Appellant and the learned A.G.A. for the Respondent and perused the record.

Admit. Summon the lower court record.

Notice on behalf of the State-Respondent has already been accepted.

Learned Counsel for the Appellant submitted that the Appellant was on bail during the trial and never abused the same and there is no prospect of the appeal being heard in near future due to heavy dockets. The present case has been slapped by the police to harass the Appellant and the conviction has been recorded altogether on irrelevant grounds.

Keeping in view the facts and circumstances of the case and submissions of the learned Counsel for the Appellant and the learned A.G.A, the Appellant Achche Lal is bailed out during the pendency of the appeal in S.T. No. 4 of 1990 arising out of case crime No. 83 of 1990, by Additional Sessions Judge/Additional Special Judge (Gangster Act), Court No. 13, Varanasi, u/s 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned and also subject to the following conditions:

(a) The Appellant shall attend the court according to the conditions of the bond executed by him;

(b) The Appellant shall not commit an offence similar to the offence of which he is accused;

(c) The Appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence,

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the Appellant deposit half of the fine within one month.

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 of this appeal.

List the appeal for final hearing in due course.