Allahabad High Court
Smt. Lakhendri Devi vs State Of U.P. on 30 August, 2013
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL APPEAL No. - 3618 of 2013
Appellant :- Smt. Lakhendri Devi
Respondent :- State Of U.P.
Counsel for Appellant :- Rajesh Kumar Singh
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 the appellant along with Charan Singh and Srichand have been convicted under Section 307/34 IPC with a maximum sentence of five years imprisonment with a fine of five thousand rupees with default stipulation. The appellant has been assigned the role of causing injury with throwing bricks. Three persons have been medically examined and according to the medical report the injured Manish Kumar is alleged to have sustained injury over his eyes and injury no.2 of injured, Bachchoo Singh on his ankle have been caused by bricks. The other convicted persons have been assigned the role of causing injury by fire arm weapon. The appellant is the wife of Charan Singh and daughter in law of Srichand. The sentence awarded is too excessive and 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. 25.7.2013. 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 she is enlarged on bail, she will not misuse the liberty of bail.
Per contra the learned AGA has opposed the prayer for bail and has contended that the appellant has also played active role in the commission of offence and left eye of the injured Manish had suffered injury which could be fatal as held by the trial court, therefore the appellant does not deserve to be enlarged on bail.
Considering the facts and circumstances of the case and keeping in 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, Smt. Lakhendri Devi, convicted and sentenced in Session Trial No.459 of 2011, State Vs. Charan Singh & others, arising out of case crime no.553 of 2010, under Section 307/34 IPC, P.S. Sikandara, District Agra, be released on bail on her 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 :- 30.8.2013
Mustaqeem.
