Mam Chand And Anr. vs State Of U.P.
2013 Latest Caselaw 2556 ALL

Citation : 2013 Latest Caselaw 2556 ALL
Judgement Date : 22 May, 2013

Allahabad High Court

Mam Chand And Anr. vs State Of U.P. on 22 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. - 47 of 2011
 

 
Appellant :- Mam Chand And Anr.
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- I.K. Chaturvedi,Aditya Prasad Mishra,Kapil Tyagi
 
Counsel for Respondent :- Govt. Advocate,Arun Kumar Singh,Brijesh Sahai
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri I.K. Chaturvedi learned counsel for the appellant Man Chandra and Sri Vijay Kumar Tiwari learned counsel for the appellant holding brief of Sri A.K. Mishra for appellant No. 2 Babblu.

As prayed Sri A.K. Mishra he is permitted to file rejoinder affidavit detailing the criminal history of Babblu.

Sri I.K. Chaturvedi in support of bail prayer of appellant Man Chandra submitted that he has no conviction to his credit and four persons are alleged to have fired at the deceased and but he has sustained only two injuries. 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.

Sri Brijesh Sahai, learned counsel for the informant could not dispute that four persons are alleged to have assaulted the deceased but he has sustained only two injuries of his house.

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 Man Chandra 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. 132 of 2004, under sections 452, 307 and 302/34 I.P.C., P.S. Sardhana, District Meerut.

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 amount of Rs. 10,000/- as fine imposed on them. Rest of the amount of fine shall remain stayed during the pendcency of the appeal.

Order Date :- 22.5.2013

Priyanka