Ram Sewak And Anr. vs State Of U.P.
2013 Latest Caselaw 2438 ALL

Citation : 2013 Latest Caselaw 2438 ALL
Judgement Date : 20 May, 2013

Allahabad High Court

Ram Sewak And Anr. vs State Of U.P. on 20 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. - 4265 of 2011
 

 
Appellant :- Ram Sewak And Anr.
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Jitendra Pal Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Ghanshyam Das learned counsel for the appellant and learned AGA for the State.

It is submitted that for the charge under Section 307 I.P.C. only 10 years conviction was recorded but since, victim was SC/ST Act, therefore, life imprisonment has been imposed. 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. Since the date of conviction 3.6.2011 appellant has remained one years and ten months 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 appellants, namely, Ram Sewak and Vanwari 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. 427 of 2006, under sections 307, 504, 506 I.P.C. and 3(2)(5) S.C./S.T.(P.A) Act, P.S. Madhotanda, District Pilibhit.

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 them.

Order Date :- 20.5.2013

Priyanka