Allahabad High Court
Sunil Rai vs State Of U.P. on 8 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 128 of 2019
Appellant :- Sunil Rai
Respondent :- State Of U.P.
Counsel for Appellant :- Satyendra Narayan Singh,Kamal Krishna,Shashi Bhushan Kunwar
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the appellant and learned A.G.A. for the State on bail application. Perused the record.
By the judgement and order dated 14.12.2018 passed by learned Additional Sessions Judge,F.T.C.-I, Ballia, the accused-appellant has been convicted in S.T. No. 302 of 2001, arising out of Case Crime No. 147 of 1999, P.S. Basdeeh Road, District Ballia and sentenced for the offence under section 307/34 IPC, for seven years rigorous imprisonment and Rs.20,000/- fine, for the offence under section 504 IPC, for two years simple imprisonment and Rs.5,000/- fine and for the offence under section 506 IPC, for two years simple imprisonment and RS.5,000/- fine.
Submission of learned counsel for the accused-appellant is that role of accused-appellant in the present case is only of exhortation. He had possessed a country made pistol in his hand, but he did not use it to cause any injury. Further submission is that in two criminal cases which are said to be pending against him, he is on bail and both the cases are simple in nature. The accused-appellant was on bail during trial and he never misused the liberty of bail. Accused-appellant is in jail since 14.12.2018. 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, nature of accusation against appellant, 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-Sunil Rai convicted in Sessions Trial No. 302 of 2001, arising out of Case Crime No. 147 of 1999, under Sections 307/34, 504, 506 IPC, P.S. Basdeeh Road, District Ballia, 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 :- 8.5.2019
RCT/-
