Chandu Barar vs State Of U.P.
2013 Latest Caselaw 4774 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3336 of 2013
 

 
Appellant :- Chandu Barar
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- T.K. Mishra
 
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 it is a case in which the appellant has been convicted for five years under Section 307 IPC. The appellant has been falsely implicated with the incident. The conviction of the appellant is against the evidence on record. The appellant is in jail since 19.7.2009. Substantial sentence has under gone by him. 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 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.

It is further submitted that the appellant is continuously languishing in jail and he is not able to deposit the entire amount of fine.

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 view that the appellant has under gone subsequent sentence, therefore this Court thinks it a fit case for bail.

Without expressing any opinion on the merits of the case, let the appellant, namely, Chandu Barar, convicted and sentenced in Session Trial No.245 of 2009, State Vs. Chandu Barar & others, arising out of case crime no.643 of 2009, under Section 307 IPC, P.S. Garotha, District Jhansi, 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.

In the event of depositing 50% of the fine, balance 50% amount shall remain 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 :- 30.7.2013

Mustaqeem.