Murli vs State Of U.P.
2019 Latest Caselaw 3171 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL APPEAL No. - 244 of 2019
 

 
Appellant :- Murli
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Mohd Shamim Khan,Mohd. Shabbir
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Counter affidavit filed by learned A.G.A. is taken on record.

(Order on Criminal Misc. Bail Application No. 01 of 2019.)

Heard learned counsel for the appellant and learned A.G.A. for the State on bail application. Perused the record.

By judgment and order dated 11.12.2018 passed by learned Additional Sessions Judge, Court No. 8, District Shahjahanpur, the accused-appellant has been convicted for the offence under Section 304 IPC for seven years rigorous imprisonment and fine of Rs.15,000/- in S.T. No. 245 of 2002, arising out of Case Crime No. 147 of 2001, under Section 304 IPC, P.S. Banda,, District Shahjahanpur.

Submission of learned counsel for the appellant is that the injuries sustained by the deceased was admittedly caused by lathi. The doctor has stated that deceased was in a drunken position as alcohol was smelling out from his nose and mouth. It has also been stated by the doctor in his statement that all the injuries were in simple in nature. The accused-appellant was on bail during trial. The accused-appellant has no other criminal history to his credit. The appellant undertakes that he will not misuse the liberty of bail, if granted.

Learned A.G.A. has vehemently opposed the prayer.

Considering the facts and circumstances of the case, I find sufficient ground for bail of the accused-appellant during pendency of appeal.

Let the appellant-Murli convicted and sentenced in S.T. No. 245 of 2002, arising out of Case Crime No. 147 of 2001, under Section 304 IPC, P.S. Banda,, District Shahjahanpur, be released on bail during pendency of appeal on his furnishing two sureties of one lakh each with equal amount of personal bond to the satisfaction of the learned trial court.

Learned trial court is further directed to submit relevant papers to the court in original keeping photostat copies thereof for record.

So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.

List the appeal for hearing in due course.

Order Date :- 18.4.2019

RCT/-