Rameshwar Dayal vs State Of U.P.
2013 Latest Caselaw 2233 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 2302 of 2010
 

 
Petitioner :- Rameshwar Dayal
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Jai Narain,Sushil Dubey
 
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.

Appellant is in jail since 2006. This appeal has not been decided as yet. On the last occasion we had directed this appeal is come up after the appeal against acquittal is decided but till date that appeal against acquittal could not be taken up even for admission. We cannot keep the appellant is in jail for an unlimited period. 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 Rameshwar Dayal be enlarged on bail on his furnishing three personal bonds of Rupees three lakhs and two family members sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. Nos. 405 and 415 of 2006, under section 302 I.P.C. And 25 Arms Act, P.S. Ghiror, District Mainpuri.

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 :- 16.5.2013

Priyanka