HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3491 of 2011 Petitioner :- Vasudeo Singh And Others Respondent :- State Of U.P. Petitioner Counsel :- Khurshed Alam 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. 15, Deoria in Sessions Trial No. 268 of 2006.
Admit. Summon lower court record.
Learned counsel for the appellant submitted that the co-accused Bullet Singh had also sustained injuries and there was a cross case vide S.T. No. 176 of 2008 (State v Ram Chhabila), which ended in acquittal. It was next submitted that the complainant side was the aggressor. It was further submitted that the appellant was on bail during the trial and never abused the same. The maximum sentence imposed on the appellant is of five years under section 304 part II read with 34 IPC. It was lastly 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 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 that the appellants have made out a case for bail.
Let the appellants .Vasudeo Singh, Shiv Shankar Singh and Sunil Kumar 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 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.
Connect with Criminal Appeal No. 4318 of 2011 and list the appeal for hearing in due course.
Order Date :- 27.7.2011 shailesh