Pappu @ Jaivir & Another vs State Of U.P.
2014 Latest Caselaw 6186 ALL

Citation : 2014 Latest Caselaw 6186 ALL
Judgement Date : 8 September, 2014

Allahabad High Court

Pappu @ Jaivir & Another vs State Of U.P. on 8 September, 2014

Bench: Amar Saran, Anant Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL APPEAL No. - 1492 of 2014
 

 
Appellant :- Pappu @ Jaivir & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Upendra Upadhyay
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Anant Kumar,J.

Learned AGA has filed a counter affidavit alongwith written objection. They are taken on record.

Heard learned counsel for the appellants and learned AGA for the State and perused the record.

Learned counsel for the appellants submitted that Pappu alias Sarnesh and Gajendra were returning from their field. As soon as they reached near the house of Kitab Singh at about 10:30 pm, the appellant Jaivir alias Pappu and Sheelesh started abusing them due to enmity. When they asked them not to abuse, then by country made pistol they opened fire and Pappu alais Sarnesh succumbed to his injuries by the fire opened by of Pappu alias Jaivir and by the fire made by Sheelesh, the mother of Kitab Singh namely Laungshri received bullet injuries. He submitted that Pappu alias Jaivir (Appellant no. 1) was not on bail during trial. However, Sheelesh (Appellant no. 2) was on bail during trial.

Per contra, learned AGA has opposed the prayer for bail.

Appellant no. 1 has been in jail for a period of five years which is sufficient period for allowing bail on this ground.

Considering the facts and circumstances of the case, we are of the view that the appellants have made out a case for bail.

Let the appellants Pappu alias Jaivr (Appellant no.1 ) and Sheelesh (Appellant no. 2) convicted and sentenced in ST No. 380/2009 (State Vs. Pappu alias Jaivir and another), and ST No. 384 of 2009 (State Vs. Sheelesh), arising out of Case Crime No. 360 of 2009, and case Crime No. 365/2009, police station Aliganj, district Etah, be released on bail on their each executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.

On deposit of half of the amount of fine within a period of one month, the realization of balance half of the fine shall remain stayed during pendency of the appeal.

Order Date :- 8.9.2014

SKS