Court No. - 8 Case :- CRIMINAL APPEAL No. - 608 of 2010 Petitioner :- Mahesh Respondent :- State Of U.P. Petitioner Counsel :- Arun Kumar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellant and learned AGA and perused the
impugned judgement passed in Sessions Trial No. 253 of 2007 (State v
Vikram & others) arising out of Case Crime No. 267 of 2006 under section
307 IPC, P.S. Kheri, District Kheri.
Learned counsel for the appellant submitted that the injured is the father-in-
law of the appellant. The occurrence took place in the night. The informant
has admitted in the witness box that he had reached the Police Station early in
the morning at about 3.00 A.M. but the FIR was registered on the next day at
about 3.15 P.M. Therefore, the FIR according to the learned counsel, is not a
reliable document. It was also submitted that some one else assaulted the
deceased in the night and the complainant implicated the applicant on account
of a marital dispute between the appellant and his wife. The appellant was on
bail during trial and never misused the same. He is presently in jail from
21.02.2010 and there is no prospect of the early hearing of this appeal in the
near future due to heavy dockets.
Keeping in view the entire facts and circumstances of the case and
submissions of the learned counsel for the appellant and the learned AGA, the
appellant Mahesh is bailed out during the pendency of the appeal in the
aforesaid Sessions Trial on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned.
The realisation 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 bonds and personal bonds, the lower court shall
transmit photo state copies thereof to this Court for being kept on the record
of this appeal.
List the appeal for hearing in due course.
Order Date :- 8.7.2010
shailesh