Kallu Yadav @ Sugga vs State Of U.P.
2011 Latest Caselaw 3815 ALL

Citation : 2011 Latest Caselaw 3815 ALL
Judgement Date : 16 August, 2011

Allahabad High Court

Kallu Yadav @ Sugga vs State Of U.P. on 16 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. - 4760 of 2011
 

 
Petitioner :- Kallu Yadav @ Sugga
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- D.D. Yadav
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Shri Kant Tripathi,J.

Heard the learned counsel for the appellant and the learned A.G.A. for the respondent and perused the judgment and order dated 04.08.2011 passed by Special Judge (DAA)/Additional Sessions Judge, Court No. 1, Chitrakoot in S.S.T. No. 61 of 2009 (State v Kallu Yadav).

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 one years under section 25 Arms Act. 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 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 Kallu Yadav alias Sugga, who has been convicted and sentenced, in the aforesaid special 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 :- 16.8.2011

shailesh