Sanjay vs State Of U.P.
2011 Latest Caselaw 3145 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4300 of 2011
 

 
Petitioner :- Sanjay
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Sunil Kumar Dubey
 
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, Court No. 3, Baghpat in Session Trial Nos. 153 of 2009 and 298 of 2010.

Admit. Summon lower court record. 

Learned counsel for the appellant submitted that according to the statement of P.W. 7, Dr.  Nikhil Goyal the injury sustained by the victim was simple in nature. It was next submitted that that fire arm injury was on right thigh, which is a non vital part. There was no repetition of fire, therefore, the assault was not made with intention or knowledge to commit the murder of the deceased. 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 seven years under section 307 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 Sanjay 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 :- 27.7.2011

shailesh