Shiv Ratan Singh vs State Of U.P.
2012 Latest Caselaw 2334 ALL

Citation : 2012 Latest Caselaw 2334 ALL
Judgement Date : 29 May, 2012

Allahabad High Court

Shiv Ratan Singh vs State Of U.P. on 29 May, 2012

Bench: Imtiyaz Murtaza, Vishnu Chandra Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Crl. Misc. Application No. 44798 of 2012.
 
In re:
 

 
Case :- CRIMINAL APPEAL No. - 2411 of 2008
 

 
Petitioner :- Shiv Ratan Singh and Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- V.K. Shahi
 
Respondent Counsel :- G.A.,Dhirendra Singh
 

 
Hon'ble Imtiyaz Murtaza,J.

Hon'ble Vishnu Chandra Gupta,J.

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

Prayer for bail has been made by appellants, namely, Shiv Ratan Singh, Shiv Lakhan Singh and Jalim Singh, who have been convicted under sections 302/34 and 307/34 I.P.C. and sentenced to undergo maximum sentence of life imprisonment with total fine of Rs. 3,000/- each by Additional District and Sessions Judge, Court No. 2, Unnao, in Sessions Trial No. 79/2006, arising out of Case Crime No. 302/05, P.S. Aasiwan, District - Unnao.

It is submitted by the learned counsel for the appellants that appellants are convicted under section 307 I.P.C. and sentenced to undergo Rigorous Imprisonment for 7 years and all accused completed more than six years in jail. So far as, the offence under section 302/34 is concerned, according to the prosecution case, while the accused were running from the place of occurrence they were chased by the accused and other villagers and in order to stop them the accused are said to have fired at the persons who were chasing them. Therefore, section 34 will not be in application in this case. It is further submitted that it is not known who caused fire injury to the deceased.

Considering the facts and circumstances of the case, without commenting on the merit of the case, we consider it to be a fit case for bail.

Pending appeal, the appellants, namely, Shiv Ratan Singh, Shiv Lakhan Singh and Jalim Singh shall be released on bail in aforementioned case on their executing personal bond with two sureties of like amount each to the satisfaction of the court concerned.

Order Date :- 29.5.2012

S. Kumar