Prem Kumar vs State Of U.P.
2013 Latest Caselaw 1940 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 2327 of 2010
 

 
Petitioner :- Prem Kumar
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Ajay Kumar Singh,Pawan Bhardwaj
 
Respondent Counsel :- Govt. Advocate,Akhilesh Kumar Sharma,Jitendra Pal Singh
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Arvind Kumar in support of second bail prayer of appellant Prem Kumar in Criminal Appeal No. 2327 of 2010, Sri Jitendra Pal Singh learned Advocate for the informant and learned AGA for the State.

It is alleged that five people had fired on the deceased but the deceased had sustained a single gun-shot injury. Learned counsel further submitted that no other person had sustained any injury. It is further submitted that the appellant is in jail sinceMarch, 2010 more than three years pending consideration of appeal before this Court and liberty of bail he had not misused and chances of appeal being heard in near future is extremely remote.

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 Prem Kumar 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. 77 of 2007, under sections 307/34 and 326/34 I.P.C., P.S.  Chhatari, District Bulandshahr.

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 :- 10.5.2013

Priyanka