Jaipal vs State Of U.P.
2013 Latest Caselaw 2731 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4494 of 2012
 

 
Appellant :- Jaipal
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Govind Saran Hajela
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Vinod Prasad,J.

Hon'ble Anjani Kumar Mishra,J.

Heard Sri Govind Saran Hajela learned counsel for the appellant Jaipal in Criminal Appeal No. 4494 of 2012 and learned AGA for the State.

Counter affidavit filed by learned AGA is taken on record.

Sri G.S. Hajela on his own violation has declined to file any rejoinder affidavit and argue the bail prayer of the appellant.

Relying upon the statement of the sole injured Ranveer PW-3 and referring to the pages 2/7/18 of the impugned judgment.  It is submitted that the injured has not supported the prosecution version and has exonerated appellant Jaipal and has not stated complicity of the said appellant in the crime.  It is submitted that Ranveer PW-3 himself had sustained gun-shot injuries in his stomach and therefore, it is extremely doubtful that he will depose falsely.  It is further submitted that injured has categorically stated that he could not recognise the assailants. 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 Jaipal 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. 233 of 2006, under section 302/34 and 307 I.P.C., P.S. Mursan, District Hathras.

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 :- 24.5.2013

Priyanka