Munney And Others vs State Of U.P.
2013 Latest Caselaw 1992 ALL

Citation : 2013 Latest Caselaw 1992 ALL
Judgement Date : 13 May, 2013

Allahabad High Court

Munney And Others vs State Of U.P. on 13 May, 2013

Bench: Vinod Prasad, Anjani Kumar Mishra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1848 of 2012
 

 
Petitioner :- Munney And Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- B.N. Rai,Adarsh Kumar
 
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.

According to the submissions raised by counsel for the appellant, it was appellant Munney, who had shot with country made pistol (Tamancha). Specific allegation has been assigned to Munney that he has shot-dead the deceased Mukesh who had sustained injury in his chest. Role of the two other appellants, namely Pappu and Dinesh is that of exhortation only. It was submitted that co-accused Shabbir has been released on bail by another Bench of this Court on 26.9.2012. 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 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 appellants, namely, Pappu and Dinesh 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. 212 of 2008, under section 302/34 I.P.C., P.S. Seharamau South, District Shahjahanpur.

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 appellants are allowed one month time to deposit entire amount of fine awarded to them.

So far as the bail prayer of appellant Munney is concerned it stands rejected at this stage.

Order Date :- 13.5.2013

Priyanka