Court No. - 52
Case :- CRIMINAL APPEAL No. - 2144 of 2017 Appellant :- Shankar Lal Basor Respondent :- State Of U.P.
Counsel for Appellant :- Chandra Prakash Tiwari,Rajesh Kumar Singh,Vinay Kumar Singh 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 10.4.2017 passed by Additional Session Judge,(FTC-2016) Mahoba in S.T. No. 02 and 03 of 2013 (State vs. Shankar Lal Basor) arising out of Case Crime No. 775 of 2012, u/s 307 IPC and Case Crime no. 839 of 2012, u/s 25 Arms Act, P.S. Ajanar, District Mahoba.
The submission of learned counsel for the applicant is that the appellant and the injured belongs to same family and there was existing enmity between them over sharing of drain; he further submitted that the prosecution version of single fire made by the appellant on the injured is not supported by any medical evidence; firearm injuries as noted by the doctor are muscle deep and some of them are on the vital part of the body as well; in the x-ray report no pallet or rediopaque shadow has been seen and besides it, no internal damage has also been caused. Learned counsel submitted that prima facie offence u/s 307 IPC is not made out, even at the time of medical examination the condition of the injured was good; the appellant has no criminal history, he was on bail during trial and now he is in jail since 10.4.2017. 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 Shankar Lal Basor 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 :- 27.11.2018 Dhirendra/