Ran Singh vs State Of U.P.
2022 Latest Caselaw 3713 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 6384 of 2018
 
Appellant :- Ran Singh
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Bhaskar Bhadra,Dharmendra Dhar Dubey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

Order on Second Bail Application No. 3 of 2019

Heard learned counsel for appellant, learned A.G.A. for State and Perused the record.

This is a bail application for suspension of sentence pending the appeal filed under Section 307 I.P.C. which has arisen from judgment and order dated 15.10.2018 passed by learned Additional Sessions Judge, Court No.15, Bareilly in Sessions Trial No.781 of 2005 (State Vs. Rampal Singh and others) arising out of Case Crime No.430/1994, under Section 307 IPC, Police Station - Aonla, District Bareilly, whereby appellant has been convicted under Section 307 IPC and sentenced for 10 years' Rigorous Imprisonment with fine of Rs.25,000/- and in default, further to undergo 1 years' imprisonment.

In the present case, trial was conducted against four accused persons including appellant. One of the accused person died during trial and Trial Court convicted the appellant and co-accused Ram Das for the commission of above referred offence, however, the co-accused Rampal was acquitted. Learned counsel for appellant submits that according to jail record, as on 21.3.2022, appellant - Ran Singh has already undergone about 4 year 4 months and 7 days of imprisonment whereas the maximum sentence awarded is of 10 years. Co-accused Ram Das has already been granted bail by co-ordinate Bench of this Court on 29.3.2022 through Criminal Appeal No. 6702 of 2018, since the role of the appellant is not distinguishable with the role of co-accused, the appellant is also entitled for bail. It is further submitted that this is an appeal of the year 2018 and there is unlikelihood of early hearing of this appeal and prayed that application for suspension of sentence be allowed.

On the other hand, learned A.G.A. opposed the bail application and supported the trial court's judgement.

Considering the facts and circumstances of the case in particular the nature of evidence adduced by the parties; without further commenting on merit of the case, I am inclined to release the appellant on bail.

Let appellant Ran Singh convicted and sentenced in Session Trial No.781 of 2005 arising out of Case Crime No. 430 of 1994, under Section 307 IPC, Police Station Aonla, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

The realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal.

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

The appellant would be entitled to get the benefit of this order only after depositing 50 % amount of fine.

List the appeal in due course.

Order Date :- 23.5.2022

G.S