Citation : 2013 Latest Caselaw 2220 ALL
Judgement Date : 16 May, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1269 of 2010 Petitioner :- Dinesh @ Babloo Respondent :- State Of U.P. Petitioner Counsel :- M.B. Mathur,Ashwani Kumar Pandey 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 appellant was on bail during trial. There is only one fatal injury sustained by the deceased which has not been attributed specifically to any body. The other injury is on the arm which was not fatal. Appellant is in jail for the last three years. 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 on the contrary stated the appellant had absconded during trial.
Let the appellant Dinesh @ Babloo be enlarged on bail on his furnishing three personal bonds of Rupees three lakhs and two sureties with family members each in the like amount to the satisfaction of trial Judge concerned in S.T. Nos. 2 of 2006 and 4 of 2006, under section 302 I.P.C. And 25 Arms Act, P.S. Badausa, District Banda in the following conditions:-
that the appellant shall report at the police station on every Sunday at time to be fixed by the SO/SHO.
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.
Hearing of appeal is expedited.
Office is directed to prepare book.
List this appeal in August, 2013 before the appropriate Bench for final hearing.
Order Date :- 16.5.2013
Priyanka
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