HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4296 of 2011 Petitioner :- Satnam Singh And Anohter Respondent :- State Of U.P. Petitioner Counsel :- Rahul Chaturvedi Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard Mr. Rahul Chaturvedi, learned counsel for the appellants and learned AGA and perused the impugned judgement rendered by the learned Additional Sessions Judge, Court No. 2, Pilibhit in Session Trial No. 339 of 2009.
Admit. Summon lower court record.
Mr. Rahul Chaturvedi submitted that he would presently press the bail prayer of appellant no. 2 and would press the bail prayer of appellant no. 1 later on.
Mr. Chaturvedi submitted that the appellant no. 2, Jagraj Singh is the Dewar (younger brother in law) of the deceased and had no role to play and a general allegation has been made against him. It was next submitted that the appellant no. 2 was on bail during the trial and never abused the same. The maximum sentence imposed on appellant no. 2 is of five years under section 306 IPC. It was further contended that in case the appellant no. 2 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 appellants have substance, therefore, it is just and expedient to exercise the discretion in favour of the appellant no. 2.
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 that the appellant no. 2 has made out a case for bail.
Let the appellant no. 2 Jagraj Singh 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 appellant no. 2 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.
List on 24th August 2011 for disposal of the bail prayer of appellant no. 1.
Order Date :- 27.7.2011 shailesh