Allahabad High Court
Budhiram And Others vs State Of U.P. on 29 July, 2011
Bench: Shri Kant Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4370 of 2011
Petitioner :- Budhiram And Others
Respondent :- State Of U.P.
Petitioner Counsel :- Sanjay Kumar Tripathi
Respondent Counsel :- Govt. Advocate
Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellants and learned AGA and perused the impugned judgement rendered by the learned Additional Sessions Judge, Court No. 4, Gorakhpur in Session Trial No. 10 of 2009.
Admit. Summon lower court record.
Learned counsel for the appellants submitted that besides the deceased, two other persons had sustained injuries but none of the injuries either of the deceased or the injured was serious or grievous except the head injury of the deceased, which proved fatal. It was next submitted that as many as four persons have been implicated and no specific role has been assigned as to who was the author of the fatal injury sustained by the deceased. A general allegation in this regard was made by the prosecution against all the accused. It was next submitted that the dispute was regarding a wall belonging to the appellants. The deceased and the injured tried to demolish the wall which was the root cause of the incident. The learned counsel for the appellant further contended that in para 44 of the judgement the learned trial court itself referred to the statement of P.W. 4, Aarti Devi that the incident took place in the night at 2.00 p.m.therefore, there was variation in the time of the occurrence. It was further submitted 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 under sections 304 Part II read with 34 IPC. It was lastly 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 that the appellants have made out a case for bail.
Let the appellants Budhiram, Smt. Surati, Rajnath and Vijai Kumar involved in the aforesaid session trial 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 :- 29.7.2011
shailesh
