Recoil or bail cancellation

Appellant :- Naresh Respondent :- State Of U.P. Counsel for Appellant :- Anil Kumar Sharma,Sheshadri Trivedi Counsel for Respondent :- Govt.Advocate,R.O.V.S.Chauhan Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J. Ref: Criminal Misc. Bail Application No. 298441 of 2014 In compliance of Court's order dated 16.02.2017 learned A.G.A. has filed a copy of the ailment of the appellant, which is taken on record. Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Sheshadri Trivedi, learned counsel for the appellant, Sri R.O.V.S. Chauhan, learned counsel for the complainant and Sri Ashish Pandey, learned A.G.A. for the State and perused the record. It has been submitted by learned counsel for the appellant that five accused persons including the appellant are said to be involved in the present case and all of them were given general role of indiscriminate firing at the deceased due to which deceased received injuries and died. It is further submitted by learned counsel for the appellant that the appellant is aged about 70 years. It is also submitted that as per medical report submitted by learned A.G.A. for the State which also confirms that appellant is blind of one eye and from other eye he can not recognize anything and can only recognize on the basis of hearing voice and other senses. It is further submitted that the appellant is languishing in jail since 10.04.2010. The appeal is not likely to be heard in near future. Hence the appellant is entitled to be enlarged on bail during the pendency of the present appeal. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant. Taking into account the age and ailment of the appellant and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail. Let the appellant Naresh, convicted and sentenced in S.T. No. 218 of 2013 (State Vs. Naresh), Case Crime No. 91 of 2010, under Sections 147, 148, 302/149 I.P.C., Police Station Bharthana, District Etawah, be released on bail on his furnishing a personal bond with two heavy sureties (one should be of family member) each in the like amount to the satisfaction of the court concerned. Prayer for stay of realization of fine imposed by the trial court in the impugned judgment and order is refused. However, it is provided that the appellant shall deposit the same within a period of one month from the date of his release. 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. (Krishna Pratap Singh,J.) Order Date :- 8.3.2017 A.K.Verma (Ramesh Sinha, J.) "In this bail age shown worngly Period of jail also increased worngly Doctor also managed he can see properly from one eye" now what can we do??