Allahabad High Court
Ram Janak Chaudhary vs State Of U.P. on 7 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 2208 of 2019
Appellant :- Ram Janak Chaudhary
Respondent :- State Of U.P.
Counsel for Appellant :- Ravindra Prakash Srivastava
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 25.1.2019 passed by learned Vth Additional Sessions Judge, Basti, the accused-appellant has been convicted in S.T. No. 168 of 2009, arising out of Case Crime No. 447 of 2007, P.S. Kotwali, District Basti and sentenced for the offence under section 307 IPC, for ten years imprisonment and fine of Rs.10,000/- and making default in payment of fine, further undergo for additional imprisonment of three months.
Submission of learned counsel for the accused-appellant is that co-accused Pradeep Kumar Shukla and Azhar Husain have been released on bail by order of this Court dated 09.4.2019 passed in Criminal Appeal No. 1601 of 2019 and on the basis of parity, present accused-appellant is also entitled for bail. Further submission is that accused-appellant was on bail during trial and he never misused the liberty of bail. He is in jail since 25.1.2019. 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. However, he has not disputed that co-accused Pradeep Kumar Shukla and Azhar Husain have been released on bail.
Considering the facts and circumstances of the case, unlikelihood of early hearing of this appeal, and also that co-accused have been granted bail, 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 Janak Chaudhary convicted in Sessions Trial No. 168 of 2009, arising out of Case Crime No. 447 of 2007, under Sections 307 IPC, P.S. Kotwali, District Basti, 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 :- 7.5.2019
RCT/-
