Allahabad High Court
Karan Singh vs State Of U.P. on 2 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 5912 of 2018
Appellant :- Karan Singh
Respondent :- State Of U.P.
Counsel for Appellant :- Vijay Singh Sengar
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the accused-appellant and learned A.G.A. for the State on bail application. Perused the record.
By the judgement and order dated 28.9.2018 passed by learned Additional District & Sessions Judge-II/Special Judge (ST/ST Act), Jalaun at Orai, the accused-appellant has been convicted in S.T. No. 163 of 2009, arising out of Case Crime No. 252A of 2008, P.S. Sirsakalar, District Jalaun and sentenced for the offence under section 307/34 IPC, for ten years rigorous imprisonment and fine of Rs.10,000/-.
Submission of learned counsel for the accused-appellant is that accused-appellant has been falsely implicated in the offence on the basis of a complaint. The prosecution witnesses have not supported the prosecution story. The accused-appellant was on bail during trial and he never misused the liberty of bail. The accused-appellant is languishing in jail since 28.9.2018. He undertakes that he will not misuse the liberty of bail, if granted.
Learned counsel for the accused-appellant has placed before this Court, the order dated 15.2.2019 passed in Criminal Appeal No. 5855 of 2018 by which the Court has granted bail bond to one Kuldeep Singh who was convicted in S.T. No. 12 of 2009, Case Crime No. 252 of 2008, under Sections 302/34, 452 IPC, P.S. Sirsa Kalar, District Jalaun. He has also submitted that this case was a cross case in which accused was awarded life imprisonment and he has been directed to be released on bail.
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 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-Karan Singh convicted in S.T. No.163 of 2009, arising out of Case Crime No. 252-A of 2008, under section 307/34 IPC, P.S. Sirsakalar, District Jalaun 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 :- 2.5.2019
RCT/-
