High Court of Judicature at Allahabad
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Shiv Om Shukla v. State Of U.P. - CRIMINAL APPEAL No. 950 of 2004  RD-AH 475 (6 January 2006)
Hon'ble M.C. Jain, J.
Hon'ble K.K. Misra, J.
We have heard the counsel for the appellant and learned A.G.A. We have also looked into the record to consider the bail prayer of the appellant during pendency of the appeal.
The appellant has been convicted, inter alia, under Section 307 I.P.C. with ten years' rigorous imprisonment. For an offence under Section 3(2)(v) of SC ST Act, the sentence of life imprisonment and a fine of Rs.10,000/- has been imposed. He has also been convicted under Section 25/27 of Arms Act with rigorous imprisonment of three years and a fine of Rs.2000/-. The counsel argues that the victim did not die and survived the alleged attack as per the own case of the prosecution. That apart, he is in jail for last more than three years. It is recorded on page--20 of the impugned judgment that the accused was in jail for last 18 months. The judgment was delivered on 7.2.2004. Nearly two years have passed since then. There is no possibility of appeal being heard in near future.
On cumulative consideration, we order that the appellant--Shiv Om Shukla, convicted and sentenced in Sessions Trial No. 1036 of 2002 with Sessions Trial No.1037 of 2002 (State versus Shiv Om Shukla), shall be released on bail during pendency of the appeal on depositing Rs.5000/- towards the fine imposed upon him and on his executing a personal bond and furnishing two sureties each of Rs. 25,000/- to the satisfaction of the C.J.M., Shahjahanpur.
The C.J.M., Shahjahanpur shall send the photocopies of the bail bonds to this Court within one weeks from the date of execution for the purposes of record.
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