Allahabad High Court
Chhavi Kumar And Another vs State Of U.P. on 12 August, 2010
Author: Ravindra Singh
Bench: Ravindra Singh
Court No. - 43 Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 5311 of 2010 Petitioner :- Chhavi Kumar And Another Respondent :- State Of U.P. Petitioner Counsel :- Snajay Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellants and learned A.G.A. Admit. Issue notice.
Summon the trial court record at an early date. Order Date :- 12.8.2010 Su ( order on Bail Application) Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellants and learned A.G.A. It is contended by learned counsel for the appellants that the maximum sentence of five years has been awarded by the trial court under section 308/34 I.P.C. It is alleged that the injuries were caused by using butt of the country made pistol, there was no motive or intention to commit the alleged offence, the incident has taken in a sudden quarrel, it was not pre-intended. The appellants were on bail during pendency of the trial, they have not misused the liberty of bail. Let the appellants Chhavi Kumar and Chandan convicted in S.T. No. 1051 of 2008 arising out of Case Crime No. 226/04 under sections 325/34, 308/34, 506 I.P.C., Police Station Fazalganj, District Kanpur Nagar be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned.
The realization of fine shall remain stayed during the pendency of the appeal.
Order Date :- 12.8.2010 Su