Rashid @ Jahiya vs State Of U.P.
2013 Latest Caselaw 2106 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 32 of 2009
 

 
Petitioner :- Rashid @ Jahiya
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Sunil Kumar,Anil Raghav
 
Respondent Counsel :- Govt. Advocate,Y.K.Srivastava
 

 
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 submitted that the incident occurred all of a sudden at the spur of the moment because of some splashes of buffalo dung.  There was no intention to commit the murder. Single shot was fired by the appellant, where prosecution story is vetted and pragmatic way, the crime will not travel beyond the periphery of Section 304 (1)  I.P.C. Conviction under Section 302 therefore is wholly unsustainable and appellant  has undergone four years of imprisonment after conviction. 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 Rashid @ Jahiya 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. Nos. 825 of 2003 and 288 of 2005, under sections 302 I.P.C. And Section 25/27 Arms Act, P.S. Khurja Nagar, 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 :- 14.5.2013

Priyanka