KARUNA NAND BAJPAYEE,J. - (1.) This application u/s 482 of Cr.P.C. has been filed on behalf of the applicant seeking the quashing of order dated 04.02.2016 passed by the learned Session Judge, Kanpur Nagar in Criminal Appeal No.15 of 2016 (B.K. Tiwari vs. State of U.P.) u/s 409 I.P.C., arising out of Case Crime No.519 of 2005, Police Station -Kalyanpur, District -Kanpur Nagar and also seeking the release of the applicant on bail exercising the inherent powers of the Court u/s 482 Cr.P.C.
(2.) Heard Shri V.P. Srivastava, learned Senior Counsel, assisted by Shri Manish Tiwary for applicant; Shri G.S. Chaturvedi, learned Senior Counsel, assisted by Shri Shishir Tandon and Shri Rahul Agarwal appearing on behalf of opposite party no.2 and Shri Vimlendu Tripathi, learned Additional Government Advocate for the State.
(3.) The background of filing this application appears to be this that the accused -applicant after facing the trial in the lower court was convicted to undergo sentence of imprisonment for 6 years along with a fine of Rs.5000/ - vide judgment and order dated 23.01.2016 passed by the A.C.M.M., Court No.2, Kanpur Nagar. Aggrieved by this judgment of conviction the accused preferred a Criminal Appeal No.15 of 2016 in the Court of Sessions Judge, Kanpur Nagar. This appeal has been admitted and is still pending for its final adjudication. But the bail application which was moved on behalf of the accused in the lower appellate court after conviction, has been rejected vide order dated 4.2.2016.;