Nanhe And Others vs State Of U.P.
2011 Latest Caselaw 3264 ALL

Citation : 2011 Latest Caselaw 3264 ALL
Judgement Date : 29 July, 2011

Allahabad High Court

Nanhe 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. - 4364 of 2011
 

 
Petitioner :- Nanhe And Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Umesh Chandra Tiwari
 
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. 11, Budaun in Session Trial No. 533 of 2003.

Admit. Summon lower court record.

Learned counsel for the appellants submitted that the offence under section 308 is not made out. It was further submitted that 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 308/34 IPC. 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 that the appellants have made out a case for bail.

Let the appellants Nanhe, Uma Shankar alias Umrao, Fateh Singh and Gendan Lal 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