Rinku vs State Of U.P.
2013 Latest Caselaw 2575 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1942 of 2011
 

 
Appellant :- Rinku
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ratan Singh
 
Counsel for Respondent :- 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 the appellant was not on bail during trial and he is in jail since 13.9.2007 and, therefore, as on date he has already serve near about six years of imprisonment.  For offence under Section 307 I.P.C. sentence of life imprisonment is wholly incommensurate with the guilt of the appellant. It is further submitted chances of appeal being heard in near future is extremely remote.

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 appellant on bail.

Let the appellant Rinku 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. 502 of 2008, under sections 307 and 504 I.P.C., P.S. Kasganj, District Kashiram Nagar.

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 :- 22.5.2013

Priyanka