Allahabad High Court
Munna Singh vs State Of U.P. on 14 June, 2022
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL APPEAL No. - 3630 of 2022 Appellant :- Munna Singh Respondent :- State of U.P. Counsel for Appellant :- Zafar Abbas Counsel for Respondent :- G.A. Hon'ble Samit Gopal,J.
Order on Appeal Heard Sri Zafar Abbas, learned counsel for the appellant and Sri Sanjay Kumar Singh, learned counsel for the State and perused the material on record.
Admit.
Summon the lower court record.
Order on Criminal Misc. Bail and Suspension of Sentence Application No. 1 of 2022 This appeal has been filed against the judgement and order dated 13.05.2022 passed by the Additional District & Sessions Judge, Court No.12, Moradabad, in Sessions Trial No. 789 of 2015 arising out of Case Crime No. 24 of 2015 (State of U.P. vs. Munna Singh and others), under Sections 304 (Part ii), 451, 323 I.P.C., Police Station Kundarki, District Moradabad, convicting and sentencing the appellant under Section 304 (Part ii) I.P.C. for 05 years rigorous imprisonment & fine of Rs. 10,000/- and in default of payment of fine to further undergo 03 months additional imprisonment, under Section 451 I.P.C. for 06 months simple imprisonment & fine of Rs. 2000/- and in default of payment of fine to further undergo 15 days additional imprisonment and under Section 323 I.P.C. for one month simple imprisonment. The sentences have been ordered to run concurrently.
Learned counsel for the appellant argued that the maximum sentence awarded to the appellant is 05 years along with fine and default clause and conviction & sentence in other sections. The trial court has ordered the sentences to run concurrently. Benefit of set off under Section 428 Cr.P.C. has been extended to the appellant. The appellant was on bail during pendency of trial. The appellant has no criminal history as stated in para 04 of the affidavit. The appellant is in jail. The first informant / Rajpal Singh P.W.-1 and Sompal Singh P.W.-8 did not support the prosecution case. The trial court has ordered them to be summoned and proceedings be registered against them under Section 344 Cr.P.C. It is argued that the appellant has been falsely implicated in the present case. The conviction is of a fixed sentence.
Per contra, learned counsel for the State has opposed the prayer for bail.
Looking to the facts and circumstances of the case, this Court is of the view that the appellant be released on bail.
Let the appellant- Munna Singh, convicted and sentenced in Sessions Trial No. 789 of 2015 arising out of Case Crime No. 24 of 2015 (State of U.P. vs. Munna Singh and others), under Sections 304 (Part ii), 451, 323 I.P.C., Police Station Kundarki, District Moradabad, 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 :- 14.6.2022 AS Rathore (Samit Gopal,J.)