Pradeep vs State Of U.P.
2013 Latest Caselaw 2579 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 1724 of 2013
 

 
Appellant :- Pradeep
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Birendra Singh Khokher,S.K. Yadav
 
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 single blow by knife will not necessary  firing the crime of the appellant within ambit of under Section 302 I.P.C. Had their been any intention, the blow would have been repeated and, therefore, even if the prosecution allegation are taken to be correct, the guilt of the appellant will not travel beyond the periphery of 304(1) I.P.C. and consequently recorded conviction under Section 302 I.P.C. is unsustainable. It is further submitted that appellant was not on bail during trial and he is in jail since last four years and for crime under Section 304(1) I.P.C. the normal sentenced 10 years RI.

Learned AGA did not dispute the aforesaid facts .

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 Pradeep 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. 1326 of 2009 and 1327 of 2009, under sections 302/34  I.P.C. and 4/25 Arms Act, P.S. Daurala, 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 time to deposit entire amount of fine awarded to him.

Order Date :- 22.5.2013

Priyanka