Sanjay Singh vs State Of U.P.
2016 Latest Caselaw 5420 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 
Case :- CRIMINAL APPEAL No. - 4134 of 2016
 
Appellant :- Sanjay Singh
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ashok Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Raghvendra Kumar,J.

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

It has been submitted on behalf of the appellant 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 :- 23.8.2016

Su

Case :- CRIMINAL APPEAL No. - 4134 of 2016

Appellant :- Sanjay Singh

Respondent :- State Of U.P.

Counsel for Appellant :- Ashok Kumar Singh

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application No. 256612 of 2016

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

It has been argued that the accused persons  have been convicted under section 323 I.P.C. In the main offence of I.P.C. the accused appellant has been falsely implicated on the ground of enmity. The learned court below has failed to appreciate the evidence in right perspective. The accused appellant was on bail during the course of trial. It has further been submitted that Munshi Lal complainant in his cross examination has stated that he was not assaulted by appellant Sanjay.

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 the appellant Sanjai Singh  convicted in S.T.No. 685 of 2001 ( State vs. Santosh @ Satish and others) Crime No. 75 of 1994 under sections 323/504/506 I.P.C. and 3(1)(10) SC/ST Act, P.S. Kareilly, District Allahabad be admitted to bail subject to his executing a personal bond and furnishing two heavy and reliable sureties  in the like sum to the satisfaction of the Court concerned.

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

Order Date :- 23.8.2016

Su