Nanhey Pal Alias Nanhey And Anr. vs State Of U.P.
2013 Latest Caselaw 1403 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1033 of 2011
 

 
Petitioner :- Nanhey Pal Alias Nanhey And Anr.
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- S.D. Dwivedi,Alok Sharma,Jagdish Singh Sengar,Navin Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri  Jagdish Singh, learned counsel for the appellants and the learned A.G.A. for the State.

It was urged that the incident is alleged to have occurred in night at the spur of the moment and in fact it was a case of night incident hit and run.  Learned counsel further submitted that looking to the entire facts and circumstances the offence will not travel beyond 304/2 I.P.C. and will not be one under Section 302/34 I.P.C. and therefore, conviction of the appellant in the later Section with impose sentence of life imprisonment are unsustainable.  It is further urged that the deceased had sustained injury on his upper limb (hand) and not on any othner part of the body and therefore, in absence of any repetition of shot, conviction for causing death is unsustainable.  It is further submitted that appellant was on bail  during trial which liberty he had not misused and chances of appeal being heard in near future is extremely remote.

Learned AGA did not dispute the said fact.

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 Nanhey Pal @ Nanhey and Anik Pal be enlarged on bail on their furnishing a personal bond of Rs. one 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's time to deposit the amount of  Rs. 10,000/- as fine imposed on them.  Rest of the amount of fine shall remain stayed during the pendcency of the appeal.

Order Date :- 26.4.2013

Priyanka