Bijendra Sharma vs State Of U.P.
2013 Latest Caselaw 2384 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3306 of 2011
 

 
Appellant :- Bijendra Sharma
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Pulak Ganguly,Pradip Kumar
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri V.S. Shukla learned counsel for the appellant and learned AGA for the State.

It is submitted that it is a case of circumstantial evidence and only incriminating circumstance against the appellant Bijendra Sharma is of last seen which had surfaced after a gap of four months. 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. Appellant has remained for two years in incarceration.

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 appellant Bijendra Sharma 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. No. 285 of 2006, under section 302 I.P.C., P.S. Shahi, District Bareilly.

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 appellant is allowed one month time to deposit entire amount of fine awarded to him.

Order Date :- 20.5.2013

Priyanka