Shiv Kumar vs State Of U.P.
2019 Latest Caselaw 4752 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 5268 of 2018
 

 
Appellant :- Shiv Kumar
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Sandeep Kumar Singh
 
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.

Accused-appellant Shiv Kumar has been convicted and sentenced by judgment and order dated 05.9.2018 passed by learned Sessions Judge, Sonbhadra for the offence under Section 304 Part II IPC for seven years rigorous imprisonment and fine of Rs.5,000/-, for the offence under Section 325 IPC, three years rigorous imprisonment and fine of Rs.2,000/- in S.T. No. 80 of 2016, arising out of Case Crime No. 198 of 2016, under Sections 147, 304, 323, 325, 504, 506 IPC, P.S. Ghorawal, District Sonbhadra.

Submission of learned counsel for the appellant is that the appellant has been falsely implicated in this case as there is no evidence on record to convict the accused-appellant. Further submission is that the injuries were caused by lathi, danda and no sharp weapon has been used in the incident. The accused appellant is languishing in jail since 5.9.2018. He undertakes that he will not misuse the liberty of bail, if granted.

Considering the facts and circumstances of the case, nature of accusation against appellant and also that there is no likelihood of early hearing of this appeal, I find sufficient ground for bail of the accused-appellant during pendency of appeal.

Let the appellant-Shiv Kumar convicted and sentenced in S.T. No. 80 of 2016, arising out of Case Crime No. 198 of 2016, under Sections 325 and 304 Part-II IPC, P.S. Ghorawal, District Sonbhadra, be released on bail during pendency of appeal on his furnishing two sureties of one lakh with equal amount of personal bond to the satisfaction of the learned trial court.

Learned trial court is further directed to submit relevant papers to the court in original keeping photostat copyies thereof for record.

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.

Since the lower court record is said to have been received, office is directed to prepare paper book.

List the appeal for hearing after four months.

Order Date :- 20.5.2019

RCT/-