Allahabad High Court
Arvind vs State Of U.P. on 10 November, 2022
Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL APPEAL No. - 5324 of 2018
Appellant :- Arvind
Respondent :- State of U.P.
Counsel for Appellant :- Radhey Shyam Shukla,Gaurav Gupta,Vipul Shukla
Counsel for Respondent :- G.A.,Kuldeep Johri
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Shiv Shanker Prasad,J.
In Re.:-Crl. Misc. Bail Application
1. We have heard learned counsel for the appellant and the learned A.G.A. for the State.
2. This bail application under Section 389 Cr.P.C. has been filed by the appellant-Arvind with the prayer to suspend the sentence of conviction and to release the applicant/appellant on bail in Session Trial No. 1145 of 2002 (State of U.P. Vs. Ramvind & Others) arising out of Case Crime No. 64 of 2003, under Sections 302, 307 and 506 I.P.C. and Sessions Trial No. 1146 of 2003 (State of U.P. vs. Arvind) arising out of Case Crime No. 67 of 2003, under Section 25 of Arms Act, Police Station-Khudaganj, District-Shahjahanpur.
3. The learned counsel for the accused-appellant submits that the accused including the applicant were in the possession over the land in question and the informant's party was the aggressor, who had tried to enter into the possession over the same. The accused party has also sustained pellets injuries. It is next submitted that the co-accused, namely, Ram Vinod and Rahul, have already been enlarged on bail by this Court vide order dated 2nd April, 2019 passed in Criminal Appeal No. 5150 of 2018 (Ram Vinod & Another Vs. State of U.P.). Learned counsel for the accused-appellant further submits that since the accused-appellant is languishing in jail since 18th August, 2018 and the appeal may take sufficiently long for hearing, as such the accused-appellant is liable to be enlarged on bail.
6. Learned AGA has opposed the prayer for bail but could not dispute the factual submissions as advanced by the learned counsel for the appellant.
7. Having considered the respective submissions advanced; perused the materials placed on record; the fact that the the accused were in the possession over the land in question and the informant's party was the aggressor, who had tried to enter into the possession over the same and the accused party also sustained pellets injuries; the fact that the co-accused, namely, Ram Vinod and Rahul, have already been enlarged on bail by this Court and without further commenting upon merits of the case, we are of the view that appellant is entitled to be released on bail during pendency of this appeal.
8. In view of the above, let the accused appellant-Arvind who has been convicted and sentenced by the judgment and order dated 20th August, 2018 passed by the Additional District and Sessions Judge/Fast Track Court No.26, Shahjahanpur, E.C. Act, Lalitpur in Session Trial No. 1145 of 2002 (State of U.P. Vs. Ramvind & Others) arising out of Case Crime No. 64 of 2003, under Sections 302, 307 and 506 I.P.C. and Sessions Trial No. 1146 of 2003 (State of U.P. vs. Arvind) arising out of Case Crime No. 67 of 2003, under Section 25 of Arms Act, Police Station-Khudaganj, District-Shahjahanpur, be released on bail in the above case on furnishing personal bond and two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Shahjahanpur subject to furnishing undertaking that he will co-operate in the hearing of the appeal.
9. On acceptance of his bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
10. It is also provided that 50% of the total amount of fine imposed under the impugned judgment of conviction shall be suspended till final disposal of the instant appeal and the amount of remaining 50% of total fine shall be deposited by the accused-appellants within two months months from the date of their release on bail
Order on Appeal
List the appeal in the month of February, 2023 for final hearing.
(Shiv Shanker Prasad, J.) (Ashwani Kumar Mishra, J.)
Order Date :- 10.11.2022
Sushil/-
