Allahabad High Court
Sukhwasi vs State Of U.P. on 24 July, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- CRIMINAL APPEAL No. - 546 of 2019 Appellant :- Sukhwasi Respondent :- State Of U.P. Counsel for Appellant :- Sunil Kumar Singh Counsel for Respondent :- Govt. Advocate,Arjun Kumar Kaushal Hon'ble Mohd. Faiz Alam Khan,J.
(In Ref: C.M. Application No. 35515 of 2019) Learned counsel for the informant/complainant is not present, even if the list has been revised. No objection has either been filed on behalf of the complainant.
Heard learned counsel for the appellant as well as Shri Rahul Mishra, learned A.G.A. for the State and perused the record.
This bail application has been moved by the appellant-applicant/Sukhwasi, who is convict of Sessions Trial No. 68/2018, arising out of Case Crime No. 148/2017, under Sections 323, 307, 504 I.P.C., Police Station Sursa, District Hardoi and sentenced for maximum term of 05 years rigorous imprisonment with fine stipulation, vide judgment and order dated 07.03.2019 passed by learned Additional Sessions Judge, Court No. 08, Hardoi praying to release him on bail, during pendency of instant appeal.
Learned counsel for the appellant while pressing the bail submits that, the appellant has been falsely implicated in this case. Nothing as claimed by the prosecution has been committed by the appellant.
It is further submitted that, the appellant has been convicted for the offence under Section 307 I.P.C. with Rigorous Imprisonment of 05 years with fine stipulation.
It is further submitted that, even if the story of the prosecution as stated in the FIR and in the statement of the witnesses is believed, the alleged offence may not travel to the extent of Section 307 I.P.C., therefore, the Court below has materially erred in convicting the appellant under Section 307 I.P.C. and, therefore, has awarded excessive imprisonment.
It is further submitted that, only injuries sustained by the injured Akash is Swelling in the area of 8 cm. x 4 cm. on Collar Bone and there was a single abrasion near left eye.
Highlighting the injuries allegedly sustained by the victim, it is submitted that, both these injuries if taken to be true cannot attract the ingredients of Section 307 I.P.C., as both these injuries cannot be termed as fatal to the life of the victim. Apart from the Medical Report of the injured, there is no any other document available on record, which may suggest that the victim also sustained internal injuries.
It is further submitted that,the appellant was on bail during the course of trial and there is no instance of misusing the liberty granted to him by the Court. There is no likelihood that the appellant-applicant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court.
Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the appellant-applicant.
Considering the facts and circumstance of the case and keeping in view the nature of offence, evidence, complicity of appellant, punishment awarded and submissions of learned counsels for the parties and without expressing any opinion on the merits of the case, I am of the considered view that the appellant has made out a case of bail. The bail application of the appellant is allowed.
Let the appellant-applicant/Sukhwasi involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i)Fine imposed by the trial Court shall be deposited by the appellant within 30 days from his actual release from prison, if the same has not been earlier deposited. .
(ii) The appellant shall cooperate in the early disposal of appeal without seeking unnecessary adjournment.
(iii) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.7.2019 Praveen