Sardar @ Kabulawa & Another vs State Of U.P.
2016 Latest Caselaw 5365 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4093 of 2016
 

 
Appellant :- Sardar @ Kabulawa & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Dev Prakash Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Raghvendra Kumar,J.

Heard learned counsel for the appellants and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the appellants that the trial court has failed to  appreciate the evidence in right perspective and erred in recording the finding of conviction, the judgment  is thus perverse.

Admit.

Summon the lower court record within six weeks from today.

List immediately after receipt of record.

Order Date :- 22.8.2016

Su

Case :- CRIMINAL APPEAL No. - 4093 of 2016

Appellant :- Sardar @ Kabulawa & Another

Respondent :- State Of U.P.

Counsel for Appellant :- Dev Prakash Singh

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application Application No. 254561 of 2016

Heard learned counsel for the appellants and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the accused appellants that unknown accused mentioned in FIR has already been acquitted vide order dated 23.7.2016 but the accused appellants have  been convicted on the same evidence. It has been submitted that Sardar @ Kabulawa  is languishing in jail since 2013. Ram Sohan was on bail during the course of trial. It has been submitted that in spite of being equiped with fire arm, no injury has been caused by fire arm.  It has further been submitted that that the court below has not appreciated the evidence in right perspective.

Learned A.G.A.has opposed the bail application.

There is no likelihood of this appeal being heard in near future 

Considering the rival submissions  and without expressing any opinion on the merits of the appeal, I find it a fit case for bail.

Let appellants  Sardar @ Kabulawa and Ram Sohan  convicted in S.T.No.  158 of 2013 ( State vs. Sardar @ Kabulwa) , arising out of case crime No. 62 of 2013 under sections 308, 325 I.P.C., P.S. Mau,District Chitrakoot and S.T.No. 180 of 2014 ( State vs. Ram Sohan and another) crime No. 62 of 2013 under section 308, 325, P.S. Mau, District Chitrakoot  be admitted to bail subject to  their  executing a personal bond and furnishing two heavy and reliable sureties  in the like sum to the satisfaction of the Court concerned.

The appellants are  directed to deposit 50% of the amount of fine imposed by the trial court within 10 days from the date of their release from jail and the  realisation of  rest 50%  fine shall remain stayed during pendency of the appeal.

Order Date :- 22.8.2016

Su