Allahabad High Court
Manoj And 2 Others vs State Of U.P. on 21 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 7414 of 2018
Appellant :- Manoj And 2 Others
Respondent :- State Of U.P.
Counsel for Appellant :- Ray Sahab Yadav
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
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 31.10.2018 passed by learned Xth Additional Sessions Judge, Jhansi, the accused-appellants have been convicted in Sessions Trial No. 78 of 2011, arising out of Case Crime No. 192 of 2010, P.S. Barua Sagar, District Jhansi and sentenced for the offence under section 304 Part-I read with section 149 IPC, for ten years rigorous imprisonment and fine of Rs.10,000/-, for the offence under section 147 IPC, for two years rigorous imprisonment and fine of Rs.500/- and in case of default in payment of fine, further fifteen days' additional imprisonment each.
Submission of learned counsel for the accused-appellants is that accused-appellants have been falsely implicated in this case as there was no motive for causing death to the deceased. Further submission is that it is a admitted case that deceased was mentally disordered and it has been a consistence case of defence that because of mental sickness, the deceased got himself injured any way. Further submission is that from the side of defence, witnesses were examined who stated before the court on oath that the deceased died sustaining injuries in some accident. Further submission is that there was no reason for the accused persons that due to enmity they will cause death to a person who is mentally disordered. The incident took place on 12.7.2010 at about 3-4 p.m. and the FIR was lodged on the next day at about 2.00 p.m., whereas the prosecution witnesses have stated that they saw the accused persons causing injuries to the deceased. If all such things happened before them, no body had prevented them to lodge the FIR immediately, but delay in lodging FIR about 20 hours creates suspicion so far as prosecution version is concerned. The accused-appellants are in jail since 31.10.2018. The accused persons were on bail during trial and they never misused the liberty of bail. 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 appellant after appreciating evidence on record.
Considering the facts and circumstances of the case, nature of accusation against accused-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-Manoj, Sukna and Pappu convicted in Sessions Trial No. 78 of 2011, arising out of Case Crime No. 192 of 2010, under Sections 304 Part-I read with section 149 and 147 IPC, P.S. Barua Sagar, District Jhansi, be released on bail during pendency of appeal on their furnishing personal bonds 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 :- 21.5.2019
RCT/-
