State Of U.P. vs Jai Singh
2017 Latest Caselaw 3719 ALL

Citation : 2017 Latest Caselaw 3719 ALL
Judgement Date : 28 August, 2017

Allahabad High Court

State Of U.P. vs Jai Singh on 28 August, 2017

Bench: Ramesh Sinha, Rekha Dikshit




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- U/S 378 CR.P.C. No. - 152 of 2009
 

 
Applicant :- State Of U.P.
 
Opposite Party :- Jai Singh
 
Counsel for Applicant :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Smiti Sahay,learned A.G.A. for the State appellant/applicant and perused the material on record.

This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 16.3.2009, passed in Sessions Trial No.299 of 2006 (State Vs Jai Singh, arising out of Case Crime No. 534 of 2005,under sections 302 I.P.C and Sessions Trial No.300 of 2006, under section 25 Arms Act, P.S.Fatanpur, District Pratapgarh by the learned Additional Sessions Judge, F.T.C., Court No.3, Unnao whereby the accused respondent has been acquitted for the offence punishable under the sections referred to above.

Learned AGA states that the acquittal of the sole accused-respondent on the ground that the shot was not fired from the rifle, hence the acquittal of the accused-respondent is against the evidence on record.

From the perusal of judgement and evidence, it appears that the findings of acquittal require reconsideration.

As per officer report dated 14.7.2016 lower court record has already been received.

Therefore, leave to appeal is granted.

Accordingly, the Government Appeal is admitted.

Issue bailable warrants to the accused-respondent through CJM concerned returnable within four weeks from today. In case the accused-respondent is arrested or appears before the court of CJM concerned, he may be released on bail upon furnishing personal bond of Rs. 20,000/- and two sureties each in the like amount to the satisfaction of the Magistrate concerned and further on the undertaking that he shall appear before this Court on 30.10.2017.

List on 30.10.2017.

On the said date accused-respondents shall remain present before this Court.

(Rekha Dikshit,J.) (Ramesh Sinha,J.)

Order Date :- 28.8.2017