HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4390 of 2011 Petitioner :- Amar Chandra And Anr. Respondent :- State Of U.P. Petitioner Counsel :- S.K. Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellants and learned AGA and perused the impugned judgement rendered by the learned Additional Sessions Judge, Court No.12, Allahabad in S.T. No. 752 of 1997.
Admit. Summon lower court record.
Learned counsel for the appellants submitted that two persons, namely, Suresh Chandra and Ramesh Chandra had sustained injuries from the accused side and their injuries were proved during the trial and none of the injuries sustained by the aforesaid accused persons was superficial and there is no plausible explanation of their injuries. It was further submitted that co-accused Ramesh Chandra has already been enlarged on bail vide the order dated 28.07.2011 passed by this court in Criminal Appeal No. 4001 of 2011. It was further contended that the appellants were on bail during the trial and never abused the same. It was further contended that in case the appellants are not released on bail, the appeal would, in due course, become infructuous as there is no prospect of the appeal being heard in near future due to heavy dockets.
In my opinion, prima facie, the aforesaid submissions of the learned counsel for the appellants have substance, therefore, it is just and expedient to exercise the discretion in favour of the appellant.
Keeping in view the nature of offence, evidence, complicity of the accused, the severity of punishment and submissions of the learned counsel for the appellants and the learned AGA, I am of the view that the appellants have made out a case for bail.
Let the appellants Amar Chandra and Ram Chandra involved in the aforesaid session trial be released on bail during the pendency of the appeal on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the appellants deposit half of the fine within one month.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photo state copies thereof to this Court for being kept on the record of this appeal.
Let the paper books be prepared.
List the appeal for hearing in due course.
Order Date :- 1.8.2011 shailesh