Sita Ram vs State Of U.P.
2013 Latest Caselaw 2178 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 234 of 2006
 

 
Petitioner :- Sita Ram
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Mahipal Singh,V.K.Upadhyay
 
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 submitted that the appellant is in jail since 22.12.2005 and the prosecution version is a concocted one. It is argued that the prosecution story that the appellant waited for the whole night and had assaulted the deceased only at the time when witnesses had appeared is absurd and does not appeal to common sense.   The appellant had all the opportunity to flee away in darkness without being witnessed by anybody, which he has not done and, therefore, it was contended, that the prosecution version does not appeal to common sense. 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 and appellant is in jail for more than 7 years without his appeal being finally heard for all this period.

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 Sita Ram 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. 198 of 2003, under section 302 I.P.C., P.S. Chandpur, District Bijnor.

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 :- 15.5.2013

Priyanka