Dhani vs State Of U.P.
2011 Latest Caselaw 3030 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3626 of 2011
 

 
Petitioner :- Dhani
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Meraj Ahmad Khan
 
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. 2, Moradabad in Sessions Trial No. 524 of 1998.

Admit. Summon lower court record. 

Learned counsel for the appellant submitted that according to the facts and circumstances of the case, no offence under section 307 IPC was made out. Co-accused Naseem Akhtar, Ram Prakash, Babu, Kishan Lal and Sant Ram have already been enlarged on bail by another Bench of this Court vide the order dated 23.06.2011 in Criminal Appeal No. 3600 of 2011, therefore, the appellant is also entitled to bail on the ground of parity. It was further contended that three persons, from the side of the accused, had also sustained injuries and there was a cross case in which a judgement of conviction has been recorded and in the cross case too, the accused persons have been bailed out. It was next submitted  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 read with 149 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 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 that the appellant has made out a case for bail.

Let the appellant Dhani 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 :- 26.7.2011

shailesh