Allahabad High Court
Husyar Singh vs State Of U.P. on 19 June, 2020
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- CRIMINAL APPEAL DEFECTIVE No. - 454 of 2020 Appellant :- Husyar Singh Respondent :- State of U.P. Counsel for Appellant :- Prashant Verma Counsel for Respondent :- G.A. Hon'ble Samit Gopal,J.
Order on Appeal.
Heard SriPrashant Verma, learned counsel for the appellant and learned A.G.A for the State.
This appeal is reported to be beyond time by 64 days.
Looking to the lock down due to pandemic COVID-19 the appeal be treated within time.
Office to allot regular number to this appeal.
This criminal appeal has been filed by the appellant- Husyar Singh, against the judgment and order dated 12.02.2020 passed by the Additional Session Judge, Court No. 3, Mainpuri in S.T. No. 425 of 2016 (State of U.P. vs. Husyar Singh) whereby the appellant has been convicted under Section 304 (II) I.P.C. for imprisonment of 5 years rigorous imprisonment and fine of Rs. 20,000/- in default of fine one year additional rigorous imprisonment.
Admit.
Summon the lower court record.
Order on Criminal Misc. Bail Application No. 01 of 2020.
Learned counsel for the appellant argued that the appellant has been convicted under Section 304 (II) I.P.C. for five years with fine and a default clause. The appellant is in jail since 07.07.2016 and was not on bail during trial. The trial court has in the judgment and order of conviction directed that the benefit of Section 428 Cr.P.C. be extended to the appellant. It is argued that benefit of Section 436A Cr.P.C. be also extended to the appellant as he has undergone more that half of the sentence awarded to him. It is further argued that even otherwise the conviction is of a fixed sentence.
Learned A.G.A. has opposed the prayer for bail.
After hearing the learned counsels, perusing the judgement and considering the sentence awarded to the appellant and the period undergone, this Court is of the opinion that the appellant is entitled to be released on bail.
Let the appellant- Husyar Singh, convicted and sentenced in S.T. No. 425 of 2016 (State of U.P. vs. Husyar Singh) arising out of Case Crime No. 173 of 2016, under Section 304 I.P.C. , P.S.- Aunchha, District Mainpuri, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds and personal bonds, the lower court concerned shall transmit photostat copies thereof to this Court for being kept on the record.
It is clarified that realization of fine is not stayed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.6.2020 AS Rathore (Samit Gopal, J.)