Badshahpur vs State Of U.P.
2013 Latest Caselaw 2075 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4908 of 2009
 

 
Petitioner :- Badshah
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Arun Kumar Tripathi,G.S.Yadav,Pravin Kumar,V.K.Mishra,V.K.Sharma
 
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 there were four assailants, out of whom the three other co-accused had fire-arms and appellant Badshah had a sharp edged knife. It is submitted that trial judge disbelieved the prosecution evidences against the rest of the three appellants, and convicted only the present appellant.  It is further submitted that the deceased had also sustained fire-arm injuries and when the trial judge disbelieved major portion of the prosecution case, there was no occasion for him convict the present appellant. It is next urged that appellant is in jail since 17.7.2009. 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 factual aspects.

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 Badshah 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. 169 of 1997, under sections 324, 307, 302 and 504 I.P.C., P.S. Kayamganj, District Farrukahbad.

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's time to deposit entire amount of fine awarded to him.

Order Date :- 14.5.2013

Priyanka