Court No. - 1
Case :- CRIMINAL APPEAL No. - 4802 of 2014 Appellant :- Malikhan Singh Respondent :- State Of U.P.
Counsel for Appellant :- Dileep Singh Yadav,Abhishek Tripathi,Manoj Kumar Srivastava Counsel for Respondent :- Govt.Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Abhishek Tripathi, learned counsel for the appellant and Sri Ashish Pandey, learned A.G.A. for the State and perused the record.
It has been submitted by learned counsel for the appellant that the cross report of the incident and the appellant has also received injuries. It has been next submitted that the co-accused alongwith appellant have convicted for offence under Section 323, 504, 506 IPC for a maximum period of 5 years and the co- accused were granted bail by this Court in Criminal Appeal No.4583 of 2014. The compliance report has also been connected, which is to be judged by this Court. It has been further submitted that the conviction of the appellant under Section 307 IPC appears to be too severe as the injury which was sustained by one of the injured is on back while that of other person has not received any injury. It has bee next submitted that the appellant was on bail during trial and has not misused the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, we are of the opinion that the appellant is entitled to be released on bail.
Let the appellant Malikhan Singh, convicted and sentenced in S.T. No. 111 of 2012 under Sections 307/34, 506 IPC, PS- Gursahayganj, District Kannauj, be released on bail on his furnishing a personal bond with two heavy sureties (one should be of family member) each in the like amount to the satisfaction of the court concerned.
Office is directed to connect this case with Criminal Appeal No.4583 of 2014.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 22.2.2018/Deepika