Kudwa vs State Of U.P.
2019 Latest Caselaw 3356 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 5720 of 2018
 

 
Appellant :- Kudwa
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Aditya Prasad Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

(Order on Criminal Misc. Bail Application No. 01 of 2018).

Heard learned counsel for the applicant-appellant, learned A.G.A. for the State and perused the record.

By judgement and order dated 19.9.2018 passed by learned Additional Sessions Judge/Fast Track Court No. 1, Meerut, the accused-appellant has been convicted and sentenced for the offence under section 308 IPC, for five years rigorous imprisonment and Rs.10,000/- as fine, for the offence under section 324 IPC, for two years rigorous imprisonment and R.5,000/- as fine in S.T. No. 1034 of 2011, arising out of Case Crime No. 07 of 2010, under Sections 308, 324 IPC, P.S. Mundali, District Meerut.

Submission of learned counsel for the accused-appellant is that initially the charge sheet was submitted against three more persons and charges were framed against them and by same order other three accused persons have been admitted to bail by learned trial court. Further submission is that no fracture was found on the head of injured and all the injuries were simple in nature. Moreover, accused-appellant was on bail during trial and he never misused the liberty of bail. He is languishing in jail since 19.9.2018.

Learned A.G.A. has vehemently opposed the prayer of bail and submitted that learned trial court has rightly convicted and sentenced the accused appellant after appreciating evidence on record.

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

Let the appellant-Kudwa convicted in Sessions Trial No. 1034 of 2011, arising out of Case Crime No. 07 of 2010, under Sections 308, 324 IPC, P.S. Mundali, District Meerut, 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 :- 23.4.2019

RCT/-