Subhash Chandra vs State of U.P.

Heard Learned Counsel for parties and perused the record.

Learned Counsel for appellant submitted that similarly situated three co-accused, namely, Harish Chandra, Krishna Chandra and Satish Chandra have already been enlarged on bail. Learned Counsel contends that the accused has been attributed the act of causing knife injuries to injured witnesses and not to deceased. Out of three injuries alleged to have been caused by accused Ram Singar and Bhuleshr, two have been declared as simple in nature. Learned Counsel further submits that no incised or stab wound was found on the body of deceased and the accused has been convicted with the aid of Section 149 I.P.C. It is also stated that the accused has remained in jail since 5.5.2009 and he had remained on bail throughout during the trial and there is no allegation that he had misused the concession of bail.

Learned State Counsel does not have any serious ground to oppose the contentions of Learned Counsel for appellant.

In view of all the aforesaid, we grant the prayer for suspension of jail sentence as well as stay of recovery of fine qua appellant Subhash Chandra. It is thus directed that during the pendency of this appeal, jail sentence as well as recovery of fine qua appellant Subhash Chandra, son of Late Shri Nath, resident of village Nizampur, H/o Jaina Pur, district Ambedkar Nagar, shall remain suspended and he shall be released on bail, subject to the satisfaction of learned District and Session Judge, Ambedkar Nagar.

This is a criminal appeal of 2009, hence the Registry is directed to ensure preparation of paper books by the trial court within three months.