Pappu & 2 Others vs State Of U.P.
2013 Latest Caselaw 4491 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3231 of 2013
 

 
Appellant :- Pappu & 2 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Gaurav Kakkar
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the appellants 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 appellants that the role of firing has been assigned to all the appellants for causing injury to one Nanhey. The medical report is not consistent with the prosecution case, as the doctor has advised that injuries have been caused by one or two fire arm weapons. The appellants have been falsely implicated with the case. The sentence awarded by the trial court is too excessive. The appellants have been acquitted from the charge under Section 307/34 IPC and they have been convicted only under Section 324/34 IPC for two years rigorous imprisonment with a fine of ten thousand rupees with default stipulation. The appellants were on bail during trial and had never misused the liberty of bail. Now they are on interim bail. 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 appellants may be released on bail during the pendency of appeal. In case they are enlarged on bail, they will not misuse the liberty of bail.

Per contra the learned AGA has opposed the prayer for bail and supported the judgment.

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 appellants, namely, Pappu, Rajendra and Mahendra, convicted and sentenced in Session Trial No.544 of 2008, State Vs. Pappu & others, arising out of case crime no.189 of 2004, under Section 324/34 IPC, P.S. Shivala Kalan, District Bijnor, be released on bail on their 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 :- 24.7.2013

Mustaqeem.