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Allahabad High Court · body

2016 DIGILAW 3835 (ALL)

Hari Shankar (Hari Shankar Gupta) v. State

2016-11-29

ANIL KUMAR SRIVASTAVA-II

body2016
JUDGMENT Anil Kumar Srivastava-II,J. 1. On 17.11.2016 initially bail application was heard but subsequently with the consent of the parties' counsel appeal was heard finally. At the time of dictating the judgment I found it necessary to re-hear the matter as it requires verification on certain points, hence, bail application is being disposed of. 2. This bail application has been filed by the accused-applicants Amit alias Golu and Hari Shankar against the judgment and order dated 18.6.2016 passed by Special Appeal Judge EC Act/learned Additional Sessions Judge, Court No.4, Unnao in Sessions Trial No.347 of 2011, Crime No.83 of 2011, under section 304/34, 323, 504, 506 IPC, Police Station Ajgain, District Unnao whereby learned Sessions Judge has convicted and sentenced the appellant Amit alias Golu and Hari Shankar under section 304 read with section 34 IPC and sentenced to rigorous imprisonment of five years, under section 323 IPC sentenced for rigorous imprisonment of six months, under section 506 IPC rigorous imprisonment of one year. All the sentences were directed to run concurrently. 3. Learned counsel for the appellant submits that initially NCR was lodged by the wife of the deceased under section 323/504/506 IPC. Subsequently, when the deceased succumbed to his injuries case was altered under section 304 IPC. No specific role has been assigned to any of the applicants. Only two lacerated wounds were found on the scalp region which was kept under observation. Deceased died after eleven days of the occurrence. 4. Learned A.G.A. opposed the application for bail and submits that the accused have been convicted by the learned trial court. There are injuries on the scalp region of the deceased. 5. Accused-appellants have been sentenced to five years rigorous imprisonment under section 304 IPC. They were on bail during trial. Initially NCR was lodged. 6. Considering all the facts and circumstances of the case, without entering into the merits of the matter, I found it a fit case for bail. Accused-applicants are entitled for bail. Let applicants Amit alias Golu and Hari Shankar be released on bail in case crime no.83 of 2011, under sections- 304/34, 323, 504 and 506 IPC, relating to Police Station- Ajgain, District- Unnao with the following conditions : (i) The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned. Let applicants Amit alias Golu and Hari Shankar be released on bail in case crime no.83 of 2011, under sections- 304/34, 323, 504 and 506 IPC, relating to Police Station- Ajgain, District- Unnao with the following conditions : (i) The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned. (ii) The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.- (a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter. (b) applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall cooperate with investigation/trial. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuse the liberty of bail during trial in order to secure his presence proclamation under section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (vii) The applicant shall remain present, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. Let appeal be listed for hearing before the appropriate bench. This matter shall not be treated as tied up with this bench.