Shiv Poojan vs State Of U.P.
2013 Latest Caselaw 2244 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3697 of 2010
 

 
Petitioner :- Shiv Poojan
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Shyam Sunder Mishra,I.M.Khan
 
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 according to the own showing of the prosecution incident had occurred under the influence of liquor and that too after the appellant was slapped by the deceased. It is further submitted that appellant was not on bail during trial and he has served five and half years of the incarceration. Learned counsel urged that in any view of the matter the offence will not travel beyond 304 (1) I.P.C. and it is a night incident along with single shot.

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 Poojan 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. Nos. 118 and 156 of 2008, under section 302 I.P.C. And 25 Arms Act, P.S. Thariyaon, District Fatehpur.

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 the half amount as fine imposed on him.  Rest of the amount of fine shall remain stayed during the pendcency of the appeal.

Order Date :- 16.5.2013

Priyanka