Bharat Singh vs State Of U.P.
2011 Latest Caselaw 3095 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4312 of 2011
 

 
Petitioner :- Bharat Singh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Ajay Vikram Yadav
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Shri Kant Tripathi,J.

Heard Mr. Kamal Krishna for the appellant, Mr. BP Verma for the complainant and learned AGA and perused the impugned judgement rendered by the learned  Additional Sessions Judge, Court No. 5, Mathura in Sessions Trial No. 

Admit. Summon lower court record. 

Mr. Kamal Krishna submitted that according to the statements of the prosecution witnesses the role of firing was of co-accused Veer Pal and Harpal. Moreso, the appellant had played the role of exhortaion only with no overt act. It was next submitted that appellant was on bail during the trial and never abused the same. The maximum sentence imposed on the appellant is of  seven years under sections 307/34 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 Bharat Singh 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 and and also subject to the following conditions:

(a)  The appellant shall attend the court according to the conditions of the bond executed by him;

(b) The appellant shall not commit an offence similar to the offence of which he is accused;

(c) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above three conditions, the trial court will be at liberty to cancel the bail.

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 :- 27.7.2011

shailesh