Court No. - 52
Case :- CRIMINAL APPEAL No. - 5176 of 2018 Appellant :- Hardwari Respondent :- State Of U.P.
Counsel for Appellant :- Sangam Lal Kesharwani,Ajay Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 31.8.2018 passed by Ist Additional Session Judge, Shahjahanpur in S.T. No. 231/2017 arising out of Case Crime No. 1630/2016, u/s 307 IPC, P.S. Tilhar, District Shahjahanpur.
The submission of learned counsel for the applicant is that the trial court has illegally convicted the appellant against the evidence on record; he has submitted that the appellant is real brother of the injured and admittedly there was strong enmity and bad relation between the brothers over the partition of ancestral property; he further submitted that the alleged incident took place on 01.10.2016 at about 9.30 pm whereas the F.I.R. was registered on 13.10.2016 through S.S.P. Shahjahanpur; the prosecution has not given any satisfactory explanation for delay in lodging the report; the injured had sustained through and through gunshot injury on his forearm; there is no x-ray or supplementary report on record to demonstrate that said injury was dangerous to life. Lastly it is submitted that the appellant was on bail during trial which liberty never misused. There is no possibility of early disposal of the appeal due to heavy dockets.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Hardwari convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
The fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail. List in due course for hearing.
Order Date :- 28.11.2018 Dhirendra/