Allahabad High Court
Dev Singh And 2 Ors. vs State Of U.P. on 30 May, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 144 of 2019
Appellant :- Dev Singh And 2 Ors.
Respondent :- State Of U.P.
Counsel for Appellant :- Rakesh Kumar Pandey,Virendra Singh
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 appellants and learned A.G.A. for the State on bail application. Perused the record.
By judgement dated 24.11.2018 passed by learned Additional Sessions Judge, (F.T.C.) Lalitpur, the accused-appellants have been convicted in Sessions Trial No. 17 of 2008, arising out of Case Crime No. 2432 of 2007, P.S. Kotwali, District Lalitpur and sentenced for the offence under section 306/34, for ten years rigorous imprisonment and fine of Rs.10,000/- and in default of payment of fine, further three months additional imprisonment.
Submission of learned counsel for the accused-appellants is that it is a case of suicide and the accused-appellants have been falsely implicated in this case. The prosecution witnesses have been disbelieved by the learned trial court on the point that accused-appellants threw deceased on the railway track and he died being crushed by train. Only the evidence which has been found established is that in relation to some theft committed by the deceased the accused-appellants had beaten him and out of that deceased himself committed suicide. Further submission is that accused-appellants were on bail during trial and they never misused the liberty of bail. The accused-appellants are in jail since 24.11.2018.
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, 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-Dev Singh, Man Singh and Mool Chand convicted in Sessions Trial No. 17 of 2008, arising out of Case Crime No. 2432 of 2007, under Section 306/34 IPC, P.S. Kotwali, District Lalitpur, 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 :- 30.5.2019
RCT/-
