Deepu Pal vs State Of U.P.
2013 Latest Caselaw 1153 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 6513 of 2010
 

 
Petitioner :- Deepu Pal
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Dinesh Pratap Singh,Amit K.Srivastava,Amit Kumar Srivastava,Saumitra Dwivedi
 
Respondent Counsel :- Govt. Advocate,Vishesh Kumar
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Vinay Saran Advocate for appellant, Deepu Pal, Sri Vishesh Kumar Advocate for informant and learned AGA for the State.

The appellant has been convicted in S.T. No. 223 of 2009 for offences under sections 302 I.P.C.,  P.S. Ghazipur, District Fatehpur and the maximum sentence awarded to him is life imprisonment. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently.

From the perusal of the record as well as on the arguments urged before us what we find is that initially in the FIR a case of single fire was mentioned.  Subsequently, the informant widow of the deceased expatiated her claim and went on to deposed that she had even caught hold of the appellant during the incident and it was after catching hold that the second fire was made  not  at her but at the deceased.  Learned counsel submitted that the deceased had sustained a single injury.   It is a case of hit and run which has been transformed into a case of murder.  According to the case of the defence appellant is in jail since 12.1.2009 and chances of appeal being heard in near future is very remote.

Learned AGA as well as counsel for informant failed to dislodge  the period of detention as well as the aforesaid fact.

Looking to the above arguments 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 appellant on bail.

Let the appellant Deepu Pal be enlarged on bail on his furnishing a personal bond of Rs. one lac with two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 223of 2009, under sections 302 I.P.C.  P.S. Ghazipur, District Fatehpur.

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 appellant is allowed one month time to deposit entire amount of fine awarded to him.

Order Date :- 22.4.2013

Priyanka