Santosh Singh vs State Of U.P.
2013 Latest Caselaw 1567 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 6087 of 2009
 

 
Petitioner :- Santosh Singh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Pradeep Chandra
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri  Pradeep Chandra, learned counsel for the appellant and the learned A.G.A. for the State.

It is urged that looking to the entire facts and circumstances, conviction of the appellant under Section 302 IPC with imposed sentence life imprisonment is not sustainable as the incident started because of denuding of crops by the goat and in that, there was verbal altercation and hurling of abuses preceded the incident of assault which, according to the prosecution case, was launched by lathi and stones. It is further submitted that appellant was not on bail during trial and since 2007 he is in jail and chances of appeal being heard in near future is very remote and for offence under Section 304 (1) I.P.C., the normal imposed sentence is ten years R.I.

Learned AGA did not dispute the said fact.

Looking to the above argument 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 Santosh 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. 6 of 2008, under sections 304 and 504 I.P.C., P.S. Telbehat, District Lalitpur .

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 :- 1.5.2013

Priyanka