Prabhakar Shukla vs State Of U.P.
2013 Latest Caselaw 2585 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 7148 of 2010
 

 
Appellant :- Prabhakar Shukla
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- G.S.Hajela,Shobhit Saxena
 
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, Prabhakar Shukla and learned AGA for the State.

It is submitted that the appellant was on bail during trail and is in jail since date of conviction i.e. 15.10.2010 in S.T. No. 680 of 2004 under Section 302 I.P.C.  wherein he has been sentenced to life imprisonment along with fine.  He has served out almost three years and there is very little by possibility of the appeal being decided in the near future in view of the prevailing circumstances in this Court.

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 Prabhaka Shukla 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. 680 of 2004, under section 302/34 I.P.C., P.S. Kotwali, District Shahjahanpur.

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