Shiv Pal vs State Of U.P.
2013 Latest Caselaw 5283 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3605 of 2013
 

 
Appellant :- Shiv Pal
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Km. Rachna Tiwari
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

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

Admit.

Summon the lower court record.

It is contended by the learned counsel for the appellant that the appellant has been convicted maximum sentence of one year under Section 309 IPC and has already been acquitted from the charge under Section 304 IPC. The appellant was on bail during trial had never misused the liberty of bail. Now the appellant is on interim bail. There is no likelihood of early hearing of appeal in near future because there is dockets of pendency of old appeals, 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 of bail and supported the judgment of the trial court.

Considering the facts and circumstances of the case and keeping in view the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellant, namely Shiv Pal, convicted and sentenced in Session Trial No.106 of 2007, State Vs. Shiv Pal, arising out of case crime no.401 of 2006, under Section, 309 IPC and in Session Trial No.107 of 2007, State Vs. Shiv Pal, arising out of case crime no.402 of 2006, under section 25 Arms Act, P.S. Chikasi, District Hamirpur, 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 :- 30.8.2013

Mustaqeem.