INDRA PAL versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Indra Pal v. State Of U.P. - CRIMINAL APPEAL No. 2517 of 2006 [2007] RD-AH 9224 (15 May 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 44

Criminal Appeal No. 2517  of 2006    

Indra Pal                                                                                    .....  Appellant

                                Vs.

State of U.P.                                                                              ......Opp. Party  

                                       ------------

Hon'ble Imtiyaz Murtaza, J.

Hon'ble Shiv Charan, J.  

A prayer for bail has been made on behalf of appellant  who has been convicted by the trial court under Section 302 I.P.C. in S.T. No. 55 of 1999 and sentenced him to imprisonment for life and a fine of Rs. 10,000/-

This appeal was admitted on 10.5.2006 and is listed today for consideration of prayer for bail of the appellant.

We have heard learned counsel for the appellant, learned A.G.A. for the State  and perused the lower court record as well as  the order of Sessions Judge.

Learned counsel for the appellant submits that the occurrence took place on 16/17.9.1998 at 2.00 A.M. in the night and the report was lodged at 8.15 A.M. in the morning. It is further submitted that the applicant has been falsely implicated in this case. The presence of the informant is also doubtful. The prosecution has not examined any independent witness.  There is inordinate delay in lodging the first information report.

Considering facts and circumstances of the case, in our opinion, the appellant is entitled for bail.  

Pending appeal, the appellant namely Indra Pal convicted and sentenced in S.T. No. 55/1999 ( State Vs. Indra Pal)  shall be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of court concerned.

Realisation of fine shall also remain stayed.  

Dated : 15.5.2007

S.B.

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