Allahabad High Court
Gauri Shankar Misra & Another vs State Of U.P. on 10 June, 2014
Bench: Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- CRIMINAL APPEAL No. - 763 of 2014
Appellant :- Gauri Shankar Misra & Another
Respondent :- State Of U.P.
Counsel for Appellant :- Angrej Nath Shukla
Counsel for Respondent :- Govt. Advocate
Hon'ble Shashi Kant,J.
Heard learned counsel for the appellant and the learned A.G.A. representing the State of U.P..
This appeal has been filed under Section 374(2) Cr.P.C. against the judgment and order dated 19.05.2014 passed by learned Special Judge (E.C. Act)/Additional Session Judge, Gonda in S.T. No. 232/2002, whereby the accused appellants have been convicted under Sections 307, 323, 504 and 506 I.P.C. and sentenced for offence punishable under Section 307/34 I.P.C. for 7 years rigorous imprisonment and fine of Rs.5000/- each, in default of payment of fine, three months additional imprisonment and for offence punishable under Section 323/34 I.P.C. for six months imprisonment. All imprisonment were directed to run concurrently.
Learned counsel for the appellants submits that there is no injury on the vital part and no case under Section 307 I.P.C. is made out, still the learned trial court has convicted appellants illegally under Section 307 I.P.C. along with other sections.
Above submissions was opposed by the learned A.G.A.
Considering the above submissions advanced by the learned counsel for the parties and facts and circumstances of the case, I am of the view that the matter requires re-consideration by this Court.
Admit.
Learned A.G.A. has put in appearance for the State, therefore, there is no need to issue notice.
List in the week commencing 15th September, 2014. Meanwhile the lower court record be summoned within a period of six weeks from today through District Judge, Gonda.
In the meantime, learned A.G.A. may find out whether any Government Appeal has been filed against the impugned judgement or not ?
Order Date :- 10.6.2014
Monika
Crimianl Misc. Application No. 53937 (B) of 2014
in
Case :- CRIMINAL APPEAL No. - 763 of 2014
Appellant :- Gauri Shankar Misra & Another
Respondent :- State Of U.P.
Counsel for Appellant :- Angrej Nath Shukla
Counsel for Respondent :- Govt. Advocate
Hon'ble Shashi Kant,J.
Heard learned counsel for the appellants/applicants and the learned A.G.A. representing the State of U.P.
Learned counsel for the applicants/appellants submits that the appellants/applicants are on interim bail till today. They were on bail during trial and they have not misused the bail.the accused appellants have been convicted under Sections 307, 323, 504 and 506 I.P.C. and sentenced for offence punishable under Section 307/34 I.P.C. for 7 years rigorous imprisonment and fine of Rs.5000/- each, in default of payment of fine, further undergo for three months additional imprisonment and for offence punishable under Section 323/34 I.P.C. for six months imprisonment.
Learned counsel for the appellants also submits that the impugned judgment suffers from legal and factual defects and the learned trial court has not properly appreciated the evidence and committed serious legal mistakes.
Learned A.G.A. has opposed the prayer for bail.
Considering the rival submissions made by the learned counsel for the parties and facts and circumstances of the case, it appears that accused appellants are entitled for bail.
Let the applicants Gauri Shankar Misra and Ram Sewak Ojha be released on bail in Sessions Trial No. 232 of 2012 in Case Crime No. 325 of 2009, under Sections 307, 323, 504 and 506 I.P.C., P.S. Carnailganj, District Gonda during the pendency of the appeal on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to the following conditions:-
(i) The applicants will not misuse the liberty of bail.
(ii) The applicants will fully co-operate in expeditious hearing of this appeal.
However, the fine is not stayed and the 50 per cent of the same may be deposited by the appellant, if not already deposited, within15 days from the date of release, failing which this order of bail automatically stands cancelled.
Order Date :- 10.6.2014/Monika
