Shiv Saran vs State Of U.P.
2013 Latest Caselaw 2133 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 2527 of 2005
 

 
Petitioner :- Shiv Saran
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- I.K. Chaturvedi,B.S.Srinet,Purshottam Pandey
 
Respondent Counsel :- Govt. Advocate,N.K.Misra
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri G.S. Hazela counsel for the appellant in support of second bail prayer of Shiv Saran and learned AGA for the State. None is press for the informant even the revised call.

It is submitted that the deceased on his own violation had entered into the house of the appellant when there was quarrel between the spouses and because of that intervention in beat of woman and a single shot was fired by the appellant at the deceased resulting in his death. Learned counsel submitted that in such facts scenario in absence of any motive to commit the murder, the crime of the appellant will not travel beyond 304 (1) I.P.C. of causing knowledgeable death bereft of intention. 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 Shiv Saran 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. 44 of 2004, under sections 302, 307 and 506 I.P.C. , P.S. Kulpahar, District Mahoba.

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 :- 15.5.2013

Priyanka