Sarwan Prasad And Another vs State Of U.P.
2021 Latest Caselaw 915 ALL

Citation : 2021 Latest Caselaw 915 ALL
Judgement Date : 13 January, 2021

Allahabad High Court

Sarwan Prasad And Another vs State Of U.P. on 13 January, 2021

Bench: Ajit Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- CRIMINAL APPEAL No. - 2 of 2021
 

 
Appellant :- Sarwan Prasad And Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Ashok Kumar Mishra,Nagendra Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ajit Singh,J.

Heard the learned counsel for the appellants, learned A.G.A for the State and perused the judgment and order dated 17.3.2020 passed by Sessions Judge, Chandauli in S.T. No. 38 of 2018.

Admit.

Summon the lower court record.

The learned counsel for the appellants submits that only three years rigorous imprisonment under Section 308/34 I.P.C. was awarded by the trial court. He next submits that offence under Section 308/34 I.P.C. is not made out against the appellants as the injured has not received any visible injury and no x-ray was conducted. He lastly submits that in case the appellants were not released on bail, the appeal would, in due course, become infructuous as there was no prospect of the appeal being heard in near future due to heavy dockets.

In my opinion, prima facie, the aforesaid submissions of the learned counsel for the appellants has substance, therefore, it is just and expedient to exercise the discretion in favour of the appellants.

Keeping in view the entire facts and circumstances of the case and submission of the learned counsel for the appellants and the learned A.G.A., the appellants Sarwan Prasad and Rikki @ Vinay Kumar are released on bail in all the offences they have been convicted and sentenced, in the aforesaid Session Trial, during the pendency of the appeal, on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the appellants deposit half of the fine within one month.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

Let the paper book be prepared.

List this appeal for hearing 22.2.2021.

Order Date :- 13.1.2021

Faridul