HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4780 of 2011 Petitioner :- Rajendra And Others Respondent :- State Of U.P. Petitioner Counsel :- Akhil Kumar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the appellants and the learned A.G.A. for the respondent and perused the judgment and order dated 28.07.2011 passed by the Additional Sessions Judge, Court No. 1, Kannauj in S.T. No. 313 of 2004 (State v Rajendra & others).
Admit. Summon lower court record.
Learned counsel for the appellants submitted that keeping in view the facts and circumstances of the case, offence under section 308 IPC was not made out against the appellants. It was further contended that the appellants were on bail during the trial and never abused the same and are on interim bail after conviction. The maximum sentence imposed on each of the appellants is of two years under sections 308/34 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 Rajendra, Kamlesh and Vimlesh, who have been convicted and sentenced, 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 :- 17.8.2011 shailesh