Kalyan @ Kallu vs State of U.P.

Shri Kant Tripathi, J.—Heard the Learned Counsel for the Appellant and the learned A.G.A. for the State and perused the judgment and order dated 25.02.2011 passed by Additional Sessions Judge / Fast Track Court No. 3, Firozabad in S.T. No. 175 of 2006 (State v. Ravindra Kumar and Ors.)

Learned Counsel for the Appellant submitted that according to the prosecution story the deceased had sustained six injuries but only injury No. 1 proved fatal and other his injuries were superficial. It is alleged that the fatal injury to the deceased was caused by co-accused Kanhaiya with a spear, therefore, he was responsible for that injury. It is alleged that the applicant had a danda and assaulted the injured Sachin and also the deceased but none of the injuries caused by the Appellant was serious or grievous in nature. It was also submitted that the Appellant has been convicted in the present case with the aid of Section 34 of I.P.C. It was also submitted that the Appellant was on bail during the trial and never abused the same. It was lastly contended that in case the Appellant is not released on bail, the appeal would, in due course, become infructuous as there is no prospect of the appeal being heard in near future due to heavy dockets.

In my opinion, prima facie, the aforesaid submissions of the Learned Counsel for the applicants have substance, therefore, it is just and expedient to exercise the discretion in favour of the Appellant.

Keeping in view the entire facts and circumstances of the case and submission of the Learned Counsel for the Appellant and the learned A.G.A., the Appellant Kalyan @ Kallu, is released on bail in all the offences he has been convictd and sentenced in the aforesaid sessions trial, during the pendency of the appeal, on his furnishing a personal bonds and two sureties each in the like amount to the satisfaction of the court concerned.

The realization of half of the fine shall remain stayed during pendency of the appeal, provided the Appellant deposit half of the fine within one month.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

Let the paper books be prepared.

List the appeal for hearing in due course.