HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- CRIMINAL APPEAL No. - 1321 of 2015 Appellant :- Pinki @ Vikki Respondent :- State Of U.P. Counsel for Appellant :- Munni Lal Yadav Counsel for Respondent :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Supplementary affidavit filed in the Court today is taken on record.
Heard the learned counsel for the appellant, learned A.G.A for the State and perused the judgment and order dated 30.10.2015 passed by the Addl. Sessions Judge, Lakhimpur Kheri in S.T. No. 07 of 2002, arising out of Case Crime no. 127 of 2001, under Section 307 I.P.C., P.S. Migalganj, district-Kheri, by which he has been convicted under Section 307 I.P.C. and sentenced to undergo five years R.I. and a fine of Rs. 10,000/- and in default of payment of fine further three years R.I.
Admit.
Summon the lower court record.
Learned counsel for the appellant submitted that the injury received by the injured Chottey Lal in the middle of his right arm which is the non-vital part of the body. He next submitted that the appellant was on bail during the pendency of the trial and there is no instance of misuse of liberty of bail, therefore, the appellant is entitled to be enlarged on bail during the pendency of the appeal.
Learned A.G.A. has opposed the prayer for bail.
After considering the submissions made by learned counsel for the appellant and without expressing any opinion on the merits of the case, this Court is of the view that the appellant is entitled to be enlarged on bail during the pendency of the trial.
Let the appellant, Pinki @ Vikki be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in S.T. No. 07 of 2002, arising out of Case Crime no. 127 of 2001, under Section 307 I.P.C., P.S. Migalganj, district-Kheri.
It is further directed that recovery of 50% of fine from the appellants shall also remain stayed.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Let the paper book be prepared.
List this appeal for hearing in due course.
Order Date :- 26.11.2015 Faridul