Suraj vs State Of U.P.
2013 Latest Caselaw 2747 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- JAIL APPEAL No. - 6658 of 2011
 

 
Appellant :- Suraj
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- From Jail,Pramod Kumar Srivastava
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Anil Kumar Sharma,J.

Heard Sri Pramod Kumar Srivastava, learned counsel for the appellant,  learned A.G.A. for the State and perused the record.

Learned counsel for the appellant has argued that in connected appeal no. 6204 of 2011, the accused Manjoo @ Mahipal having identical case has been released on bail by this Court vide order dated 24.1.2012. He further argued that the appellant Suraj had been convicted by the trial court for the offence punishable under Section 394 and 307 I.P.C. and the maximum sentenced awarded is 10 years R.I. with fine of Rs.10,000/- and he has served about eight years in jail. He further argued that the appellant was not arrested at the spot and he was named by co-accused.

Learned A.G.A. Opposing the bail prayer of the appellant.

Considering the facts and circumstances of the case, in my opinion applicant deserves bail. Without expressing any opinion on the merits of the case, let applicant Suraj be released on bail in Session Trial No.09 of 2008 under sections 394 and 307 IPC, registered its case crime no. 49 of 2005, P.S. Kharkhauda, District Meerut, on his executing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned in the above noted sessions trial number for the above offences. As soon as bail bonds and surety bonds are furnished, photocopy of the same are directed to be transmitted to this Court forthwith by the court concerned, to be kept on the record of this appeal.

50% of the fine, imposed by the trial court, is stayed, rest of the fine be deposited.

Let the paper books be prepared.

List the appeal for hearing in due course.

Order Date :- 24.5.2013

AHN