Om Prakash vs State Of U.P.
2013 Latest Caselaw 2631 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 580 of 2012
 

 
Appellant :- Om Prakash
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- S.S. Chauhan
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri S.S. Chauhan learned counsel for the appellant Om Prakash in Criminal Appeal No.580 of 2012 and learned AGA for the State.

It is submitted that the only evidence against the appellant is that of last seen as according to the prosecution case, it is alleged that along with other two persons appellant had called the deceased for labour purposes. It is urged that but for the said evidence there is no incriminating circumstances against the appellant.  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.

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 Om Prakash 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. 1004 of 2007, under sections 302 and 201 I.P.C., P.S. Jalalabad, 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 :- 23.5.2013

Priyanka