Padam Singh & Another vs State Of U.P.
2013 Latest Caselaw 3564 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL No. - 968 of 2010
 

 
Appellant :- Padam Singh & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Amit Kumar Chaudhary,S.P. Tewari
 
Counsel for Respondent :- Govt. Advocate,Mukhtar Alam
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri S.P. Tiwari, learned counsel for the appellant and learned A.G.A. for the State.  None is present for the informant.

From a perusal of the record it seems that (1) it is a case of circumstantial evidence,  (2) No body has seen the actual assault, (3) The FIR was cooked up after recovery of the dead body and (4) Appellant does not have any criminal history. It is further submitted that the 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 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 appellants on bail.

Let the appellant Padam Singh be enlarged on bail on their furnishing a personal bond of rupees one lakh and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 160 of 2006, under sections 302 I.P.C. and 25 of Arms Act, P.S. Babugarh, District Ghaziabad.

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 :- 3.7.2013

Priyanka