Jitendra Dwivedi vs State Of U.P.
2013 Latest Caselaw 4192 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3086 of 2013
 

 
Appellant :- Jitendra Dwivedi
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Raj Narayan Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

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

Admit.

Summon the lower court record.

It is submitted by the learned counsel for the appellant, that the appellant was not arrested on the spot. On the confessional statement of Sunil Patel the complicity of the appellant and Dharmendra Patel came into light. Sunil Patel, who was arrested on spot and has been assigned the role of firing by fire arm weapon, has already been enlarged on bail by another Bench of this Court. The sentence awarded by the trial court is too excessive. There is a docket of pending appeals and the chance of early hearing of the appeal is far flung. The appellant has no criminal history and is in jail since 14.6.2013. He was on bail during trial and had not misused the liberty of bail.

Per contra the learned AGA has opposed the prayer of bail and supported the judgment of the trial court and contended that the appellant and the other accused persons were actively involved in the commission of offence and the trial court has rightly convicted the appellant along with other accused persons.

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, Jitendra Dwivedi, convicted and sentenced in Session Trial No.45 of 2011, arising out of case crime no.1641 of 2011, under Section 307/34 IPC and Section 12 of the Dacoity Affected Area Act, P.S. Kotwali Karwi, District Chitrakoot, 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.

On receipt of trial court record, the Office is directed to prepare the paper book and list the case for hearing.

Order Date :- 16.7.2013

Mustaqeem.