Allahabad High Court
Rudal Prasad Tyagi And Others vs State Of U.P. on 17 May, 2013
Bench: Vinod Prasad, Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1673 of 2012
Petitioner :- Rudal Prasad Tyagi And Others
Respondent :- State Of U.P.
Petitioner Counsel :- Anil Kumar Srivatava,K.S.Tiwari,Satish Chand
Respondent Counsel :- Govt. Advocate,S.S.Mishra
IN CONNECTED
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1704 of 2012
Petitioner :- Hari Narayan
Respondent :- State Of U.P.
Petitioner Counsel :- Sushil Kumar Pandey,Jeevan Jee Srivastava,K.S. Mishra
Respondent Counsel :- Govt. Advocate,S.S.Mishra
IN CONNECTED
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1666 of 2012
Petitioner :- Vijay Kumar Tiwari
Respondent :- State Of U.P.
Petitioner Counsel :- Jagdish Prasad Mishra,S.N. Singh
Respondent Counsel :- Govt. Advocate,S.S.Mishra
Hon'ble Vinod Prasad,J.
Hon'ble Anjani Kumar Mishra,J.
Heard Sri V.P. Srivastava learned Senior Advocate in support of bail prayer of all the appellants in all the connected Criminal Appeal No. 1673 of 2012 Rudal Prasad Tyagi and Others Vs. State of U.P., Criminal Appeal No. 1666 of 2012 Vijay Kumar Tiwari Vs. State of U.P. and Criminal Appeal No. 1704 of 2012 Hari Narayan Vs. State of U.P., learned AGA for the State. None has appeared for the informant.
Written objection filed by learned AGA is taken on record.
We have heard Sri V.P. Srivastava learned Senior Advocate in support of bail prayer of all the appellants. Inviting our attention at page 22 of the paper book which is autopsy report of the deceased, it was vehemently urged by the Senior Counsel that the deceased was assaulted only on his limbs and, that too with simple injuries and, therefore, even if the prosecution case is taken to be correct, the guilt of the appellants will not travel beyond Section 304(2) I.P.C. Referring to the autopsy report it was submitted that Doctor has mentioned that the cause of death could not be ascertained and hence viscera was preserved. Viscera report also did not indicate that any poison was administered to the deceased. Therefore, the vital argument is that in any view the appellants could have been convicted and sentenced only for an offence under Section 304(2) I.P.C., of causing injuries on the limbs of the deceased because of the shock of which he has died. It is further submitted that the appellants were on bail during trial which liberty he had not misused and chances of appeals being heard in near future is extremely remote. It is next urged that the appellants are in jail since 16.4.2012 as on date they have already undergone a year in imprisonment.
Learned AGA did not dispute the said fact.
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 appellants on bail.
Let the appellants, namely, Rudal Prasad Singh, Ramesh Singh Gorakh Prasad, Ashok Singh, Hari Narayan and Vijay Kumar Tiwari be enlarged on bail on their 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. 335 of 2004 and 590 of 2003, under sections 147, 323, 352, 504, 506, 302 and 149 I.P.C., P.S. Sujanganj, District Jaunpur.
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.
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 appellants are allowed one month time to deposit entire amount of fine awarded to him.
So far as appellant No. 3 Mritunjai Rai is concerned an abatement application has been filed by Sri Anil Kumar Srivastava today in Court mentioning that Mritunjai Rai is no more.
Office is directed to call for a report in respect of demise of appellant No. 3 Mritunjai Rai by furnishing complete information to CJM, Jaunpur who is directed to get the factum of demise of appellant Mritunjai Rai verify and intimate this within two months from today. List this appeal in first week of August, 2013 along with report by CJM, Janunpur as is desired above.
Order Date :- 17.5.2013
Priyanka
