Majju And Others vs State Of U.P.
2011 Latest Caselaw 3440 ALL

Citation : 2011 Latest Caselaw 3440 ALL
Judgement Date : 3 August, 2011

Allahabad High Court

Majju And Others vs State Of U.P. on 3 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. - 4489 of 2011
 

 
Petitioner :- Majju And Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Viqar Ahmed Ansari
 
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. 18, Bulandshahr in Sessions Trial No. 1303 of 2009.

Admit. Summon lower court record.

Learned counsel for the appellants submitted that offence under section 308 IPC was not made out. 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 four years under sections 308/149 and 452 IPC. It was further 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 appellants.

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 the appellant has made out a case for bail.

Let the appellant Majju, Jaheer, Islam and Yunus 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 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 :- 3.8.2011

shailesh