HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4807 of 2011 Petitioner :- Sunahari Alais Sunni Respondent :- State Of U.P. Petitioner Counsel :- Yogendra Misra Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the appellant and the learned A.G.A. for the respondent and perused the judgment and order dated 24.06.2011 rendered by the learned Additional Sessions Judge, Court No. 7, Firozabad in Sessions Trial No. 301 of 2005.
Admit. Summon lower court record.
Learned counsel for the appellant submitted that three persons from the accused side namely, Smt. Somwati alias Somoti, Smt. Munni Devi and Smt. Malua Devi had sustained injuries. There was a cross version vide S.T. No. 319 of 2007 (State v Ram Narayan and others). The learned trial court recorded acquittal in the cross case. It was further contended that the injuries of the injured do not constitute the offence under section 307 IPC. It was further submitted that the appellants were on bail during the trial and never abused the same. The maximum sentence imposed on the appellants is of six years under sections 307/34 IPC . It was further contended that co-accused Lala Ram and Vijendra Singh have already been enlarged on bail by this Court vide the order dated 01.08.2011 passed in Criminal Appeal No. 3999 of 2011, therefore, the appellant is also entitled to bail on the ground of parity. It was further 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 Sunahari alias Sunni, who has been convicted and sentenced, 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 :- 17.8.2011 shailesh