Mahesh vs State Of U.P.
2013 Latest Caselaw 5241 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3570 of 2013
 

 
Appellant :- Mahesh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Tripurari Pal
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the appellant and the learned AGA and have gone through the record.

Admit.

Summon the lower court record.

It is argued by contended by the learned counsel for the appellant that when the complainant was returning the appellant armed with rifle appeared and some altercation took place and he is alleged to have fired on the complainant and his brother. No one has sustained any injury. According to the first information report the appellant is said to have been arrested on the spot and was taken to the police station. There is great delay in lodging the first information report despite he was arrested on the spot at about 9:00 p.m. on 8.8.2006 whereas the first information report was lodged at about 11:00 p.m. on the same day. It is a case of no injury. The sentence awarded is against the evidence on record. The appellant was on bail during trial and had never misused the liberty of bail. The appellant is languishing in jail since the date of conviction i.e. 27.7.2013. Maximum sentence of five years have been awarded to the appellant under Section 307 IPC with a fine of five thousand rupees. There is no likelihood of early hearing of appeal in near future because there is dockets of pendency of old appeals and the purpose for filing the appeal would be frustrated, therefore the appellant may be released on bail during the pendency of appeal. In case he is enlarged on bail, he will not misuse the liberty of bail.

Per contra the learned AGA has opposed the prayer for bail.

Considering the facts and circumstances of the case and keeping in the view of the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellant, namely, Mahesh, convicted and sentenced in Session Trial No.768 of 2007, State Vs. Mahesh, arising out of case crime no.103 of 2006, under Section 307 IPC, P.S. Gangeeri, District Aligarh, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned. The photocopies of the bonds so furnished be transmitted to this Court to be kept on record of the appeal.

It is made clear that the realization of fine is not stayed.

After receipt of the record the office is directed to prepare the paper books and list the appeal for hearing in due course.

Order Date :- 29.8.2013

Mustaqeem.