Raj Karan Lodh and Another vs State of U.P.

Naheed Ara Moonis, J.—Heard learned Counsel for the Appellants and learned A.G.A. for the State. Admit.

Summon the lower court record.

A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 10.3.2011, passed by Additional Sessions Judge, Court No. 4, Fatehpur, in Session Trial No. 609 of 2007, State v. Raj Karan Lodh and Anr., arising out of case crime No. 179 of 2005, u/s 307/34 IPC, P.S. Lalauli, District Fatehpur, convicting and sentencing the Appellants to undergo for seven year rigorous imprisonment u/s 307/34 IPC with a fine of Rs. 10,000/- each, with default stipulation. According to the prosecution case, the incident took place place at 7:30 pm on 23.9.2005 when the Appellant No. 1 Raj Karan Lodh armed with danda and Appellant No. 2 armed with an axe appeared and started altercation that why the complainant is not returning one hundred rupees to Pradhan Munna Singh, when the complainant said he has not taken any money from him, the Appellants attacked upon him with their respective weapons on account of which the complainant sustained incised wounds over his head and other parts of the body.

It is argued by the learned Counsel for the Appellants that the role of exhortation has been assigned to the Appellant No. 1 and no fatal injury has been found according to the prosecution case, yet he has been convicted u/s 307/34 IPC.

Per contra the learned AGA opposed the prayer of bail of the Appellants and supported the judgment of the trial court.

Having considered the submissions made by the learned Counsel for the Appellants as well as the learned AGA and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that the Appellant No. 1 has been assigned the role of exhortation, therefore, the prayer for bail of the Appellant No. 1 is therefore allowed.

Let the Appellant, Raj Karan Lodh, convicted and sentenced in Session Trial No. 609 of 2007, State v. Raj Karan Lodh and Anr., arising out of case crime No. 179 of 2005, u/s 307/34 IPC, P.S. Lalauli, District Fatehpur, 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. In the event of depositing 50% of the fine, the balance 50% amount shall remain stayed.

However, the prayer for bail of the Appellant No. 2, Jagdish Lodh shall be considered after the receipt of the record.

List this appeal in the week commencing 16th May, 2011 for consideration of prayer for bail of the Appellant No. 2, Jagdish Lodh.