Heera Singh vs State Of U.P.
2013 Latest Caselaw 1813 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3249 of 2008
 

 
Petitioner :- Heera Singh
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Murtuza Ali
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard learned counsel for the appellant and learned AGA for the State. 

It is urged that the appellant was in jail since 2005  and in the trial mother and nephew of the deceased turned hostile and did not support the prosecution case.  It is further urged that the entire evidence, vetted and summated, indicates that the FIR is the outcome of deliberation and concoction. It was lodged after inordinate delay of seven hours whereas the police station is only at a distance of one kilometer. It is further submitted that the appellant was on bail during trial which liberty he had not misused and chances of appeal being heard in near future is extremely remote.

Learned AGA did not dispute the aforesaid facts.

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 appellant on bail.

Let the appellant Heera Singh be enlarged on bail on his 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. 135 of 2006, under section 302 I.P.C., P.S. Mirhachi, District Etah.

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 :- 8.5.2013

Priyanka