Shiv Poojan vs State Of U.P.
2019 Latest Caselaw 3229 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL APPEAL No. - 6362 of 2018
 

 
Appellant :- Shiv Poojan
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ved Mani Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

Heard learned counsel for the appellant, learned A.G.A. for the State on bail application.

By judgement and order dated 20.7.2018 accused-appellant has been convicted and sentenced by the trial court in S.T. No. 12 of 2015, arising out of Case Crime No. 729 of 2014 and S.T. No. 13 of 2015 arising out of Case Crime No. 733 of 2014 for the offence under Section 307 IPC, ten years rigorous imprisonment and Rs.15,000/- as fine and three years imprisonment for the offence under section 3/25 Arms Act and fine of Rs.2,000/-.

Submission of learned counsel for the appellant is that there was contradiction in the statement of witnesses produced by the prosecution. The judgment of the learned trial court is based on mis-appreciation of evidence on record and contrary to law. It has particularly been mentioned that both accused and injured are uncle and nephew and whole situation has occurred on some family dispute relating to the property. Further submission is that accused appellant was on bail during trial and he never misused the liberty of bail. Further submission is that accused appellant is languishing in jail since 20.7.2018. Accused appellant undertakes that he will not misuse the liberty of bail, if granted.

Learned A.G.A. has strongly opposed the prayer of bail contending that learned trial court after due appreciation of evidence on record has rightly convicted the accused-appellant and has awarded adequate sentence.

Considering the facts and circumstances of the case and also that there is no chance of early hearing of appeal, without expressing any opinion on merit of the case, I find it to be a fit case for bail during pendency of appeal.

Let the appellant-Shiv Poojan convicted in Sessions Trial No. 12 of 2015, arising out of Case Crime No. 729 of 2014 and S.T. No. 13 of 2015 arising out of Case Crime No. 733 of 2014, under Sections 307 IPC and Section 3/25 Arms Act, P.S. Kokhraj, District Kaushambi, be released on bail during pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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.

As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.

List the appeal for hearing in due course.

Order Date :- 19.4.2019

RCT/-