Shri Kant Tripathi, J. - (1.) HEARD the Learned Counsel for the Appellant and the learned A.G.A. for the Respondent and perused the judgment and order dated 22.09.2011 passed by the learned Additional Sessions Judge, Court No. 8, Bijnor in S.T. No. 399 of 2011 (State v. Hemraj and Anr.) whereby the Appellant has been convicted and sentenced under Section 411 Indian Penal Code.
(2.) ADMIT . Summon lower court record. Learned Counsel for the Appellant submitted that in the connected Criminal Appeal No. 5785 of 2011 based on the same recovery the co -accused has been released on bail today. It was further submitted that the Appellant was on bail during the trial and never abused the same. The alleged recovery has been planted by the police to harass the Appellant. Moreso, there was no public witness present at the time of the alleged recovery. The maximum sentence imposed on the Appellant is of two years. It was further contended that in case the Appellant is not released on bail, the appeal would, in due course, become infructuous as there is no hope of an early hearing of the appeal due to heavy dockets.
(3.) IN my opinion, prima facie, the aforesaid submissions of the Learned Counsel for the Appellant have substance, therefore, it is just and expedient to exercise the discretion in favour of the Appellant.;