Sunil Jat vs State Of U.P.
2013 Latest Caselaw 4006 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3002 of 2013
 

 
Appellant :- Sunil Jat
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Pankaj Sharma
 
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 argued by the learned counsel for the appellant that the appellant has been convicted for seven years rigorous imprisonment under Section 307 IPC. The prosecution case is that the appellant has opened fire at the police personnel. It is a no injury police encounter case. The alleged recovery of fire arm weapon has been recovered from the possession of Guddu and two others namely Rakesh and Manoj, there is no public witness. The sentence awarded is too severe. There is no likelihood of early hearing of appeal in near future because 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 and contended that the appellant along with other accused persons were involved in the case of kidnapping of one Mukesh, who was kept in detention by the accused persons and on the raid of the police they tried to escape and fired at the police personnel. The abductee was recovered from the jungle, whose statement was also recorded before the court below and had identified all the accused persons, therefore the appellant along with other co-accused is involved in the case of kidnapping and has rightly been convicted under Section 364A IPC. In case he is enlarged on bail he will misuse the liberty of bail.

Considering the facts and circumstances of the case and keeping in the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellant, namely, Sunil Jat, convicted and sentenced in Session Trial No.343 of 2008, State Vs. Sunil, under Section 25 Arms Act and in Session Trial No.340 of 2008, State Vs. Guddu Agarwal & others, under Section 307 IPC, P.S. Vrindavan, District Mathura, be released on bail on his furnishing a personal bond each 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 book and list the appeal for hearing in due course.

Order Date :- 11.7.2013

Mustaqeem.