Harish Chandra & Another vs State Of U.P.
2012 Latest Caselaw 1418 ALL

Citation : 2012 Latest Caselaw 1418 ALL
Judgement Date : 7 May, 2012

Allahabad High Court

Harish Chandra & Another vs State Of U.P. on 7 May, 2012

Bench: Imtiyaz Murtaza, Vishnu Chandra Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- CRIMINAL APPEAL No. - 1005 of 2011
 

 
Petitioner :- Harish Chandra & Another
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- R.K. Yadav,Mohd Alam
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Imtiyaz Murtaza,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.

Prayer for bail has been made on behalf of appellants, namely, Harish Chandra and Aesham, who have been convicted under sections 302/34 & 323/34 of I.P.C. and sentenced to undergo maximum sentence of life imprisonment with total fine of RS. 11,000/- each by Additional Sessions Judge, Court No. 7, Sitapur, in Sessions Trial No. 137/2008, arising out of Case Crime No. 226/2005 P.S. - Pisawan, District - Sitapur.

It is submitted by the learned counsel for the appellant that main role of assaulting the deceased has been assigned to co-accused.

Learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case, without commenting upon the merit of the case, in our opinion, appellant is entitled to be released on bail.

Pending appeal, appellants Harish Chandra and Aesham, convicted in aforementioned case, shall be released on bail on their executing personal bonds and furnishing two sureties of like amount each to the satisfaction of the court concerned.

Till further order realization of fine, if any, shall also remain stayed.

Order Date :- 7.5.2012

S. Kumar