Allahabad High Court
Vijay Singh And Another vs State Of U.P. on 16 May, 2022
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL APPEAL No. - 1861 of 2022 Appellant :- Vijay Singh And Another Respondent :- State of U.P. Counsel for Appellant :- R.P.S. Chauhan Counsel for Respondent :- G.A. Hon'ble Samit Gopal,J.
The matter was called twice. There was no representation on behalf of the appellants. Subsequently Sri RPS Chauhan appeared before the Court at 1 pm and made a request that the matter be taken up as it is urgent and his urgency application was allowed by Hon'ble the Chief Justice. On his request the matter was posted to be taken up after lunch recess.
On 11.05.2022 the following order was passed:-
"The matter is listed today in the Fresh Supplementary List-2 at Serial No.191 on the basis of an application dated 09.05.2022 moved by the learned counsel for the appellants before Hon'ble The Chief Justice for early listing which was allowed.
The matter was called twice but there was no representation from the side of the appellants. Subsequently, at 4:00 pm when the Court was about to rise Sri R.P.S. Chauhan, Advocate appearing on behalf of the appellants made a mention before the Court to take up the matter tomorrow citing urgency that the appellant no.1 Vijay Singh has died on 07.05.2022 and the appellant no.2 Kukkuo @ Komal Singh @ Bhagat Singh son of Vijay Singh is in jail and his bail application is pending consideration and since the appellant no.1 who is his father has died, his presence is necessary at home to perform the last rites of his father.
The matter was taken up twice on the board and there was no representation from the side of the appellants.
Sri B.B. Upadhyay, learned counsel for the State was present.
Looking to the urgency as mentioned at 4:00 pm before the Court, this Court entertain the same and accepts it, let the matter be listed on 16.05.2022 as fresh before the appropriate Bench.
In the meantime, learned counsel for the State may seek instructions regarding the death of the appellant no.1/Vijay Singh from the concern jail."
Order on Appeal Sri R.P.S. Chauhan, learned counsel for the appellants and Sri Sanjay Kumar Singh, learned counsel for the State are present.
Learned counsel for the State informs the Court that as per his instructions, the appellant no.1 Vijay Singh has died on 07.05.2022.
Learned counsel for the appellants states that the present appeal be dismissed as not pressed in so far as the appellant no.1- Vijay Singh is concerned since the same has not been admitted.
As prayed the appeal on behalf of the appellant no.1- Vijay Singh is dismissed as not pressed. The appeal survives only for the appellant no.2- Kukkuo @ Komal Singh @ Bhagat Singh son of Vijay Singh.
Admit.
Summon the lower court records.
Connect with Criminal Appeal No. 2411 of 2022 (Chandra Bhan Singh vs. State of U.P.).
Order on Criminal Misc. Bail Application No. 1 of 2022 This appeal has been filed against the judgement and order dated 11.03.2022 passed by the learned Additional District & Sessions Judge, Court No. 12, Agra in Sessions Trial No. 740 of 2009 (State vs. Vijay Singh and others) arising out of Crime No. 288 of 2008, under Sections 308/34, 323 I.P.C., Police Station Iradatnagar, District Agra, convicting and sentencing the appellant under Sections 308 read with Section 34 I.P.C. for 05 years rigorous imprisonment & fine of Rs. 5000/- and in default of payment of fine to 06 months further simple imprisonment, under Section 323 I.P.C. to 01 year rigorous imprisonment& fine of Rs. 500/- and in default of payment of fine to 01 month further simple imprisonment. The sentences have been ordered to run concurrently.
Learned counsel for the appellant argued that the appellant has been falsely implicated in the present case. It is argued that initially a non cognizable report under Sections 323, 504 I.P.C. was registered against 04 persons namely Vijay Singh, Kukkuo @ Komal Singh @ Bhagat Singh (the appellant), Bhagwan Singh and Chandrabhan Singh wherein common and general role has been assigned to all the 04 accused persons of assault upon the first informant Satyaveer Singh and Brijesh Kumar with kicks, fists and lathi. It is argued that in so far as Brijesh Kumar is concerned, although he was found to have received two injuries on his body but Dr. R.S. Atendra / P.W.-6 has opined the said injuries to be simple in nature. Further Satyaveer was found to have received an incised wound on his head which was referred for X-Ray and CT-Scan and in the CT-Scan there was a linear fracture of the left side of the occipital region found. The doctor had opined the injuries to be grievous in nature but the author of the said injury is not known. It is further argued that the nature of injury does not corroborate with the prosecution evidence as the said injury was an incised wound but there is no use of any sharp object. The doctor had opined the injury to have been caused by sharp edged weapon. It is argued that the appellant was on bail during trial and has not misused the liberty of bail. The appellant has no criminal history as stated in para 43 of the affidavit. The appellant is in jail since 11.03.2022. There is no chance of early hearing of the present appeal. It is argued that the maximum sentence awarded to the appellant is 05 years. It is further argued that co-accused Bhagwan Singh has died during pendency of trial.
Per contra, learned counsel for the State has opposed the prayer for bail.
After having heard the learned counsel for the parties and perusing the record, it is evident that common and general role has been assigned to the appellant and three accused persons. The injuries received by the injured Brijesh Kumar were opined to be simple in nature. The other injured Satyaveer Singh was found to have received an injury with fracture on occipital region but the author of the same is not known. The appellant was on bail during trial.
Let the appellant no.2- Kukkuo @ Komal Singh @ Bhagat Singh, convicted and sentenced in Sessions Trial No. 740 of 2009 (State vs. Vijay Singh and others) arising out of Crime No. 288 of 2008, under Sections 308/34, 323 I.P.C., Police Station Iradatnagar, District Agra, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
It is clarified that realization of fine is not stayed.
Order Date :- 16.5.2022 AS Rathore (Samit Gopal,J.)