Satish Chandra vs State Of U.P.
2011 Latest Caselaw 3351 ALL

Citation : 2011 Latest Caselaw 3351 ALL
Judgement Date : 1 August, 2011

Allahabad High Court

Satish Chandra vs State Of U.P. on 1 August, 2011

Bench: Shri Kant Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4387 of 2011
 

 
Petitioner :- Satish Chandra
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Akhilesh Srivastava,Bratendra Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Shri Kant Tripathi,J.

Heard learned counsel for the appellant and learned AGA and perused the impugned judgement rendered by the learned Additional Sessions Judge (Ex Cadre), Court No. 1, Mainpuri in Sessions Trial No. 778 of 2008.

Admit. Summon lower court record.

Learned counsel for the appellant 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 sections 307/34 IPC. It was further contended that both the fire arm injuries were found on non vital part and they were simple in nature. It was lastly submitted 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 the appellant has made out a case for bail.

Let the appellant Satish Chandra 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.

List the appeal for hearing in due course

Order Date :- 1.8.2011

shailesh