Allahabad High Court
Lal Chandra And 2 Others vs State Of U.P. on 26 June, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL APPEAL No. - 3740 of 2023
Appellant :- Lal Chandra And 2 Others
Respondent :- State of U.P.
Counsel for Appellant :- Fazal Kareem Zafari
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
In Ref: Criminal Misc. Bail/ Suspension of Sentence Application No. 01 of 2023
Heard learned counsel for the appellants/applicants, learned A.G.A. and perused the record.
The instant bail application is filed under Section 389(1) of Cr.P.C. seeking suspension of sentence and releasing of the appellants/applicants on bail during the pendency of this criminal appeal against order and judgment dated 31.03.2023 passed by Sessions Judge, Kaushambi in Sessions Trial No. 521 of 2010 (State Vs. Lal Chandra & others) arising out of Case Crime No. 78 of 2010, under Sections 304(2) read with Section 34 IPC, P.S. - Puramufti, District Kaushambi. The appellants/applicants were convicted and sentenced for the offence under Section 304 (2) read with Section 34 I.P.C. for five years rigorous imprisonment.
It is argued by the learned counsel for the appellants/applicants that it was the incident where both the parties were injured and the FIRs were lodged on behalf of both the parties. The incident happened when the applicants were trying to defend themselves. There was no intention of causing death of the deceased. Previously, in the murder of father of the applicants Gayadeen, the son of the deceased Jagroop was involved and because of this enmity only the deceased along with other persons came to their house. As per the findings of the trial court also the applicants exceeded their rights of private defence. They are languishing in jail since 31.03.2023. It is also submitted that during trial also the applicants were in jail for about 11 months. Hence, prayer for bail and suspension of sentence is made.
This application is opposed by learned A.G.A. It is submitted that the private defence was exceeded by the applicants.
From perusal of the record, it is found that the injuries were sustained by both the side persons. Jagroop from the prosecution side died in the incident. It is the case of exceeding the right of private defence.
After perusing the record, in the light of the submissions made at bar and taking an overall view of all the facts and circumstances of this case, the nature of accusations, punishment awarded by the trial court, the period of detention already undergone, the unlikelihood of early conclusion of appeal without commenting on the merits of the appeal, this Court is of the view that the applicants may be enlarged on bail.
The application is, thus, allowed.
Let the appellants/applicants - Lal Chandra, Phool Chandra and Mool Chandra be released on bail in Sessions Trial No. 521 of 2010 (State Vs. Lal Chandra & others) arising out of Case Crime No. 78 of 2010, under Sections 304(2) read with Section 34 IPC, P.S. - Puramufti, District Kaushambi on their furnishing personal bonds and two sureties each of the like amount to the satisfaction of the court concerned. The order of their sentence shall remain suspended during the pendency of appeal if they furnish the bonds and the needed sureties.
The prayer to stay the realization of fine is rejected.
As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith, by trial Judge concerned to be kept on the record of this appeal.
Order on Appeal
List on 24th July, 2023 for hearing.
Order Date :- 26.6.2023
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