HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4496 of 2011 Petitioner :- Rakesh And Others Respondent :- State Of U.P. Petitioner Counsel :- Ravindra Nath Rai,Ashok Kumar Rai 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. 1, Ghaziabad in Session Trial No. 38 of 2006.
Admit. Summon lower court record.
Learned counsel for the appellants submitted that the trial court disbelieved the presence of the witnesses namely, Sanjay Kumar Singh, Harmaya Singh and Gajendra Singh at the time of the incident and recorded conviction only on the ground that the defence failed to establish that the injuries to the deceased were caused in police custody. It was next submitted that the FIR was lodged after about three days without any proper explanation of the delay. Moreso the learned trial court has already recorded acquittal with the regard to the charges under sections 307, 504 and 435 IPC. It was also submitted that the appellants were on bail during the trial and never abused the same. The maximum sentence imposed on each of the appellants is of five years under sections 304 Part -II/34 IPC. 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 hope of an early hearing of the appeal 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 Rakesh, Manoj and Rahul 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.
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 :- 3.8.2011 shailesh