Mohd. Shahban vs The State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5515 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL APPEAL No. - 1524 of 2022
 

 
Appellant :- Mohd. Shahban
 
Respondent :- The State Of U.P. Thru. Prin. Secy. Home, Lko.
 
Counsel for Appellant :- Arun Sinha,Ram Chandra Singh,Siddhartha Sinha
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

Order on Appeal

Admit.

Summon the lower court record.

Steps be taken for the preparation of the paper book.

Connect with Criminal Appeal No.1498 of 2022 (Mohd. Dilshad Vs. State of U.P.)

Order on Bail Application

I.A. No. 1 of 2022- Application for Bail

Heard.

Learned counsel for the appellant has produced the copy of bail order of co-accused Mohd. Dilshad, passed by the Co-ordinate Bench of this Court in Criminal Appeal No.1498 of 2022.

The present appeal has been filed against the judgment and order dated 12.05.2022 passed by the learned Additional District and Sessions Judge/Special Judge (E.C Act) Court no.4 Sultanpur in S.T. No.361 of 2010 whereby the appellant has been convicted under sections 307 IPC and sentenced for a period of ten years rigorous imprisonment with a fine of Rs.20,000/- and has been further sentenced under section 506 IPC for a period of one year simple imprisonment with a fine of Rs.2000/-.

The counsel for the applicant argues that even from the perusal of the judgment in question, the injury attributed for which the appellant has been convicted, is on the non-vital part of the body i.e. on shoulder and thus, the conviction of the appellant under section 307 IPC was not justified.

In the judgment in question, the appellant has been convicted for a term of ten years under section 307 IPC and further fine of Rs.20,000/- has been imposed and for the offence under section 506 IPC, the term of one year simple imprisonment with a fine of Rs.2000/-.

The counsel for the appellant argues that the appellant was on bail during the trial and had cooperated with the trial.

Considering the evidence on record as well as the nature of the injuries which led to the conviction of the appellant and the fact that the appellant was on bail during the trial and he had cooperated in the trial and there is no likelihood of the appeal being heard in near future, the applicant is enlarged on bail in S.T. No.361 of 2010 arising out of Case Crime No.900 of 2009 under section 307/506 IPC, P.S. Kotwali Nagar, District Sultanpur on his furnishing personal bond with two sureties in the like amount to the satisfaction of the court concerned.

The realization of the fine shall remain stayed subject to the appellant deposits Rs.10,000/- within one month from the date of the release.

The court below shall transmit the bail bonds to this Court after the verification. The appellants shall cooperate with the hearing of the appeal.

Order Date :- 28.6.2022

Krishna*