Hemraj And Anr. vs State Of U.P.
2011 Latest Caselaw 3987 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 7813 of 2010
 

 
Petitioner :- Hemraj And Anr.
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- V.S. Shukla
 
Respondent Counsel :- Govt. Advocate
 
AND
 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 371 of 2011
 

 
Petitioner :- Dwariki @ Nanhoo
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- V.S. Shukla
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Shri Kant Tripathi,J.

The aforesaid two appeals arise out of the same incident, therefore, they are being disposed of by this common order.

Heard the learned counsel for the appellants and the learned A.G.A. for the respondent and perused the judgment and order dated 30.11.2010 passed by the learned Additional Sessions Judge, Court No. 4, Bareilly in S.T. Nos. 389 of 2006 (State v Hemraj & others) and 474 of 2006 (State v Dwariki alias Nanhu).

Learned counsel for the appellants submitted that in cross case Crime No. 330-A of 2005, under sections 323, 324, 504 and 506 IPC a conviction has been recorded vide the judgement and order dated 20.10.2008 rendered in S.T. No. 110 of 2008. In the cross case, the accused persons have already been enlarged on bail. It was next submitted that the question of aggressorship is involved  in the present case. It was further contended that the appellants were on bail during the trial and never abused the same. The maximum sentence imposed on each of the appellants is of five years. It was further contended that in case the appellants are 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 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 appellants and the learned AGA, I am of the view that the appellants have made out a case for bail.

Let the appellants Hemraj, Bhajan Lal and Dwariki alias Nanhoo, who have been convicted and sentenced, in the aforesaid session trials 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 appellants deposit 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 :- 20.8.2011

shailesh