Allahabad High Court
Ram Lavat Maurya vs State Of U.P. on 26 April, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 3837 of 2018
Appellant :- Ram Lavat Maurya
Respondent :- State Of U.P.
Counsel for Appellant :- Girish Chandra Maurya
Counsel for Respondent :- G.A.,Achchhey Lal Tiwari
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the accused-appellant and learned A.G.A. for the State on bail application.
By the judgement and order dated 06.7.2018 passed by learned Additional Sessions Judge/Special Judge (Gangster Act), Jaunpur, the accused-appellant has been convicted and sentenced in S.T. No. 413 of 2011, arising out of Case Crime No. 393 of 2011, P.S. Shahganj, District Jaunpur, for the offence under section 304(2) IPC, eight years imprisonment and fine of Rs.20,000/-.
Submission of learned counsel for the appellant-applicant is that from the judgment itself, it is clear that no external injury was found on the body of the deceased. Further submission is that as per FIR version when there was some quarrel between mother of the informant and wife of accused-appellant, the accused-appellant came there and hit the father of the complainant on his chest by a torch and it has been stated by the prosecution that deceased died by that injury which was allegedly caused by said torch. Further submission is that since the date of judgment, appellant is in jail and earlier also for some time, he was in jail during investigation. Further submission is that conviction is only under section 304(2) IPC and there appears no criminal history against the appellant. He undertakes that he will not misuse the liberty of bail, if granted.
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-Ram Lavat Maurya convicted inS.T. No. 413 of 2011, arising out of Case Crime No. 393 of 2011, under section 304(2) IPC, P.S. Shahganj, District Jaunpur, 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 :- 26.4.2019
RCT/-
