Sobaran Singh vs State of U.P.

Heard learned Counsel for the applicant-Appellant, learned Additional Government Advocate as well as Shri B.S. Rathore, learned Counsel for the complainant, with respect to prayer for bail in pending appeal which has been preferred by applicant-Appellant Sobaran Singh against judgment and order dated 17.03.2010 passed by learned Additional Sessions Judge (FTC), Court No. 1, Barabanki in Sessions Trial No. 39 of 2008 whereby the Appellant has been convicted u/s 307/34 IPC and sentenced for maximum term of life imprisonment with fine stipulation.

We have gone through the judgment of court below as well as lower court record.

Role assigned to the present Appellant is to the effect that he had thrown a hand-grenade upon the victim who suffered injury on his face and due to which his eyes were also affected.

Argument advanced by learned Counsel for the Appellant is that the injury caused to the injured Milkha Singh was not such that may make an impression that life imprisonment be awarded to the Appellant under Sections 307/34 IPC. It has further been argued that injured Milkha Singh is very well and is doing his day-to-day work.

It has further been submitted that Appellant is in jail for about 16-months. He was on bail during the course of trial and he did not misuse the liberty of bail granted to him. It has also been submitted that the appeal will take considerable long time for reaching on its logical conclusion.

Taking into consideration the overall aspects of the matter and without commenting any further on merits of the case, we find it a fit case for bail.

Let Appellant Sobaran Singh, convict of aforesaid Sessions Trial, be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Barabanki.

The court below is directed to transmit to this Court forthwith photocopies of bond and sureties filed by Appellant to be preserved in the record maintained here.