Allahabad High Court
Shailendar @ Sheelu @ Mama @ Ram ... vs State Of U.P. on 31 May, 2022
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- CRIMINAL APPEAL No. - 3824 of 2021
Appellant :- Shailendar @ Sheelu @ Mama @ Ram Shishupal Sharma
Respondent :- State of U.P.
Counsel for Appellant :- Sudhanshu Kumar Singh,Arvind Agrawal
Counsel for Respondent :- G.A.,Yogesh Kumar Srivastava
Hon'ble Deepak Verma,J.
Heard Mr. Arvind Agrawal, learned counsel for the applicant-appellant, Mr. Noor Mohammad holding brief of Mr. Yogehsh Kumar Srivastva, learned counsel for informant and learned Additional Government Advocate for the State and perused the judgment and order of the trial court.
This criminal appeal under section 374(2) of Code of Criminal Procedure has been filed by the applicant-appellant against the judgement and order dated 13.09.2021 passed by Additional District & Sessions Judge/Fast Track Court-II, Firozabad, whereby the trial court has convicted and sentenced the applicant-appellant Shailendra @ Sheelu @ Mama @ Ram Shishupal Sharma, to five years' imprisonment and a fine of Rs. 20,000/- under section 308 IPC, one year imprisonment and a fine of Rs. 1000/- under section 323 IPC and three years' imprisonment and a fine of Rs. 10,000/- under section 506(II) IPC, with default stipulation. The half of the fine amount so deposited by the appellant was directed to be paid to the injured.
Learned counsel for the applicant-appellant has submitted that the applicant-appellant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant-appellant further submitted that trial court has passed the order of conviction without considering the testimony of prosecution witnesses as well as the medical report of the injured. There are certain contradictions in the statements of the injured and the other prosecution witnesses. In the first information report lodged by informant Mukesh Kumar Sharma, who is the brother of the injured Sunil Kumar Sharma, the weapon of assault has been mentioned as Hammer, but in the statement of injured and other prosecution witnesses i.e. Mukesh Kumar Sharma P.W.2, the informant and Smt. Anshu Sharma PW 3, wife of the injured, the injury has been caused to the injured by Axe. In the statement of P.W.3, Smt. Anshu Sharma, who is the wife of injured Sunil Kumar Sharma, she has stated that the applicant-appellant and her husband are close acquaintance. Learned counsel for the applicant-appellant has further submitted that the applicant-appellant does not have any criminal history to his credit. The applicant-appellant was on bail during the trial and he did not misuse the liberty of bail granted to him. The maximum sentence awarded to the appellant by the trial court is five years. The learned Judge has not appreciated the evidence available on record in proper perspective. Learned counsel for the appellant next submitted that the chance of trial being concluded in near future is very bleak due to heavy dockets. Learned counsel for the appellant lastly submitted that after conviction the appellant is in jail since 13.09.2021.
Per contra, learned counsel for the informant, opposed the prayer for bail of the applicant-appellant and submitted that from perusal of the injury report, it is clear that the injury caused to the injured is on vital part. As per the supplementary medical report of the injured, short fracture of frontal bone of skull on left side has been found.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the period of sentence of five years awarded to the appellant-applicant, I am of the opinion that the appellant is entitled to be released on bail during the pendency of criminal appeal before this Court.
Let the appellant-applicant Shailendra @ Sheelu @ Mama @ Ram Shishupal Sharma, convicted and sentenced in afore-mentioned sessions trial be released on bail on his furnishing a personal bonds with two heavy sureties each in the like amount to the satisfaction of the court concerned.
Realization of fine amount to the extent of 50% shall be kept in abeyance during the pendency of the present appeal. However, the 50% of amount of fine shall be deposited by the appellant within a period of one month from the date of his actual release.
On acceptance of bail bond and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
List in due course for hearing.
Order Date :- 31.5.2022
Sazia
