HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4497 of 2011 Petitioner :- Rohtash Respondent :- State Of U.P. Petitioner Counsel :- Surender Singh Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
The learned counsel for the appellant is permitted to correct the memo of appeal.
Heard learned counsel for the appellant and learned AGA and perused the impugned judgement rendered by the learned Additional Sessions Judge, Court No. 15, Bulandshar in Sessions Trial No. 670 of 2009.
Admit. Summon lower court record.
Learned counsel for the appellant submitted that the appellant was on bail during the trial and never abused the same. The maximum sentence imposed on the appellant is of two years and six months under sections 308 IPC. It was further submitted that offence under section 308 IPC was not made out. It was next 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.
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.
Keeping in view the nature of offence, evidence, complicity of the accused, the severity of punishment and submissions of the learned counsel for the appellant and the learned AGA, I am of the view that the appellant has made out a case for bail.
Let the appellant Rohtash involved in the aforesaid session trial be released on bail during the pendency of the appeal on his 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 appellant deposits 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 :- 3.8.2011 shailesh