Court No. - 52
Case :- CRIMINAL APPEAL No. - 7736 of 2017 Appellant :- Munna Yadav Respondent :- State Of U.P.
Counsel for Appellant :- Ajay Vikram Singh,Sanjai Srivastava 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 15.11.2017 passed by Session Judge, Mahoba in S.T. No. 86 of 2015, u/s 307 IPC, P.S. Kharela, District Mahoba.
The submission of learned counsel for the applicant is that the impugned judgement and order passed by the trial court is wholly against the evidence on record, the trial court has recorded conviction solely on the testimony of injured witness; according to prosecution, the incident taken place on 22.4.2015 at 8.00 pm when the injured was present in his field; it is alleged that the appellant wielded a spear blow which hit on his hand and after piercing it also caused the injured on his jaw; the F.I.R. was lodged by the injured himself after three days; incident is of 22.4.2015 whereas the F.I.R. was lodged on 25.4.2015; it has been argued that there is no supplementary report on record to demonstrate that the injury was dangerous to life; it is argued that even if the prosecution version is accepted to be true the present case will not travel beyond the purview of section 325 IPC; the appellant was on bail during trial which liberty never misused; now he is in jail since 17.11.2017. There is no possibility of early disposal of the appeal due to heavy dockets.
Learned AGA opposed the prayer for bail and submitted that proper explanation has been given by the informant regarding delay in lodging the F.I.R. as he himself went to hospital to get himself treated; the spear used in the incident was also sent to F.S.L. on which blood stain has been detected.
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 Munna Yadav 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, the compensation as awarded by the trial court shall be paid to the victim. List in due course for hearing.
Order Date :- 19.12.2018 Dhirendra/