Allahabad High Court
Balam vs State Of U.P. on 16 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 3593 of 2018
Appellant :- Balam
Respondent :- State Of U.P.
Counsel for Appellant :- Ambrish Kumar Pandey
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 30.5.2017 passed by learned Additional Sessions Judge, Court No. IV/Special Judge, (D.A.A. Act), Chitrakoot, the accused-appellant has been convicted in Special Sessions Trial No. 01 of 2006, arising out of Case Crime No. 40 of 2004, P.S. Rajapur, District Chitrakoot and sentenced for the offence under section 364 IPC, for ten years rigorous imprisonment and fine of Rs.5,000/-, for the offence under section 307 read with Section 34 IPC, for seven 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 this case. There is contradiction in the statement of witnesses recorded under sections 231 and Section 161 Cr.P.C. No incriminating article or material has been recovered either from the appellant or on his pointing out. Further submission is that co-accused Sivakumar has been released on bail by order of this Court dated 08.10.2018 passed in Criminal Appeal No. 5220 of 2017, hence accused-appellant is also entitled for bail on the ground of parity. Accused-appellant is in jail since 30.5.2017. 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 Shivakumar has been released on bail.
Considering the facts and circumstances of the case, co-accused Shivakumar has been released on bail 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-Balam convicted in Special Sessions Trial No. 01 of 2006, arising out of Case Crime No. 40 of 2004, under Sections 364, 307 read with section 34 IPC, P.S. Rajapur, District Chitrakoot, 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 :- 16.5.2019/RCT
