Allahabad High Court
Kamruddin And Another vs State Of U.P. on 20 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 6515 of 2018
Appellant :- Kamruddin And Another
Respondent :- State Of U.P.
Counsel for Appellant :- Ashwani Kumar Rai,Mahesh Prasad Yadav
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the accused-appellants and learned A.G.A. for the State on bail application. Perused the record.
By the judgement and order dated 05.10.2018 passed by learned Ist Additional Sessions Judge, Mau, the accused-appellants have been convicted in Sessions Trial No. 136 of 2013, arising out of Case Crime No. 167 of 2017, P.S. Dakshintola, District Mau and sentenced for the offence under section 307/34 IPC, for seven years rigorous imprisonment and fine of Rs.10,000/- and in default of payment of fine, additional two months simple imprisonment.
Submission of learned counsel for the accused-appellants is that appellant no. 1-Kamruddin has been assigned the role of catching hold, whereas appellant no. 2-Mainuddin along with other have been assigned the role of causing injuries to the injured by knife. Further submission is that Kamruddin is in jail since the date of judgement i.e. 5.10.2018 and earlier also he was in jail for more than three years, as such, he has been in jail for about four months, whereas accused-Mainuddin has been in jail for almost one and half years. They have been falsely implicated in this case. There is no evidence against them regarding incident in question. They undertake that they 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 appellants after appreciating evidence on record.
Considering the facts and circumstances of the case, nature of accusation against appellants 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 appellants-Kamruddin and Mainuddin convicted in Sessions Trial No. 136 of 2013, arising out of Case Crime No. 167 of 2017, under Sections 307/34 IPC, P.S. Dakshintola, District Mau, 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.
Since the lower court record is said to have been received, office is directed to prepare paper book within four months.
List the appeal for hearing after four months.
Order Date :- 20.5.2019
RCT/-
