Mahendra Pasi vs State Of U.P.
2013 Latest Caselaw 2582 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 2925 of 2011
 

 
Appellant :- Mahendra Pasi
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Jagdish Singh Sengar,S.A.Murtaza
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri V.P. Srivastava learned Senior Counsel for the appellant Mahendra Pasi and learned AGA for the State.

It is submitted that during the trial role of causing injury to deceased assigned to the present appellant was made identical with other co-accused person. It is further submitted that other wise also a single blow by brick by each of the four accused will not bring the offence within ambit 302 I.P.C. and the guilt will be only under Section 304(1) I.P.C. It is further submitted chances of appeal being heard in near future is extremely remote and appellant has already served two years of imprisonment pending consideration and final out come of his appeal.

Learned AGA all the persons are alleged to have assaulted the deceased who are sustained in all the four injuries and other appellants are allowed bail .

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 Mahendra Pasi 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. 1099 of 1998, under section 302 and 307 I.P.C., P.S. Colonelganj, District Allahabad.

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