Court No. - 52
Case :- CRIMINAL APPEAL No. - 7437 of 2018 Appellant :- Raghunandan Respondent :- State Of U.P.
Counsel for Appellant :- Suresh Dhar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri S.D. Dwivedi, learned counsel for the appellant, Sri Jitendra Yadav, counsel for the informant, learned AGA for the State and perused the record.
Admit. Summon the lower court's record.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 28.11.2018 passed by 1st Additional Session Judge, Shahjahanpur in S.T. No. 172 of 2013 (State vs. Raghunandan and others) arising out of Case Crime No. 472 of 2011, u/s 307/34 IPC, P.S. Banda, District Shahjahanpur.
The submission of learned counsel for the applicant is that he has been falsely implicated in this case being father of the co-accused Nanhe and Rajesh against whom there is allegation of attempt to strangulate the injured; the only role ascribed to the appellant is of catching hold; it is further submitted that the appellant is an old man aged about 60 years, he 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 Raghunandan 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 remain stayed.
List in due course for hearing.
Order Date :- 19.12.2018 Dhirendra/