Ashok Kumar Gauam vs State Of U.P.
2011 Latest Caselaw 3438 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4505 of 2011
 

 
Petitioner :- Ashok Kumar Gauam
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Shiv Nath Singh,Satyam 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, Court No. 6, Kanpur Nagar in Sessions Trial No. 97 of 2004.

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 four years under sections 307/34 IPC. It was further contended that co-accused Nawab Singh Yadav and Chandrashekhar, having similar roles, have already been enlarged on bail in Criminal Appeal No. 3725 of 2011 by another Bench of this Court on 30.06.2011 and in Criminal Appeal No. 4145 of 2011 by this Court on 21.07.2011, therefore, the appellant is also entitled to bail. 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 Ashok Kumar Gautam 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. 3725 of 2011 and 4145 of 2011 and list the appeal for hearing in due course

Order Date :- 3.8.2011

shailesh