HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4350 of 2011 Petitioner :- Shamshad Respondent :- State Of U.P. Petitioner Counsel :- R.K. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard Mr. NI Jafri for the appellant and learned AGA and perused the impugned judgement rendered by the learned Additional Sessions Judge/Special Judge (E.C. Act), Rampur in Sessions Trial No. 168 of 2009.
Admit. Summon lower court record.
Mr. Jafri submitted that none of the witnesses examined during the trial supported the prosecution story regarding the alleged assault and torture to the deceased during her life time, therefore, the conviction of the appellant under section306/34 IPC was bad. It was next submitted that in the connected Criminal Appeal Nos. 3401 of 2011 and 3722 of 2011 co-accused persons have already been enlarged on bail. Mr. Jafri further submitted that the appellant is paralytic and his condition is critical. 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 seven years under sections 307/34 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 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 that the appellant has made out a case for bail.
Let the appellant Shamshad 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.
Connect along with Criminal Appeal Nos. 3401 of 2011 and 3722 of 2011 and list the appeal for hearing in due course Order Date :- 28.7.2011 shailesh