Jahangir Alias Bhullan And Others vs State Of U.P.
2013 Latest Caselaw 1033 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 6838 of 2010
 

 
Petitioner :- Jahangir Alias Bhullan And Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Sheo Ram Singh,Janardan Yadav,Raghvendra Prakash
 
Respondent Counsel :- Govt. Advocate,Mir Sayed
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Janardan Yadav, learned counsel for the appellant, Jahangir @ Buullan and Sri Raghevendra Prakash counsel for the appellant, Saleem and the learned A.G.A. as well as Sri Mir Sayad, learned counsel for the informant.

The appellants have been convicted in S.T. No. 201 of 2007 for offences under sections  302/34 I.P.C., Case Crime No. 491 of 2005 P.S. Mubarakpur, District  Azamgarh and the maximum sentence awarded to them is life imprisonment. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently.

Perusal of the record indicates that the appellant side also received grievous injuries of two fractures. It is further submitted that all the appellants were on bail during trial, which liberty they had not misused and chances of appeal being heard in near future is extremely bleak. It is also not disputed that in the cross versions of the incident, other side have been granted bail. It is further submitted that who was the aggressor, has to be looked into the appeal.

Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, we consider it appropriate to release the appellants on bail.

Let the appellants Jahangir alias Bullan and Saleem be enlarged on bail on their furnishing a personal bond of Rs. 1 lac with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above sessions trial number for the above offences.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.

The appellants are allowed one month time to deposit Rs. 10,000/- of fine awarded to them. Rest of the amount of fine shall remain stayed during the pendency of the appeal. 

Order Date :- 17.4.2013

Priyanka