The Allahabad High Court stayed the sentence of seven years’ imprisonment and five thousand fine awarded by the Sessions Court Prayagraj to the accused of fatally attacking two people by firing a pistol and after summoning the original documents, granted the bail of accused Pramod Kumar.
A Single Bench of Justice Sanjay Kumar Pachori passed this order while hearing a Criminal Appeal filed by Pramod Kumar.
The appeal has been preferred to set-aside the orders dated 25.09.2023 and 26.09.2023 passed by Special Judge (Gangster Act)/Additional Sessions Judge, Prayagraj, by which the trial Court convicted the appellant under Section 307/34 of I.P.C and sentenced him under Section 307/34 of I.P.C to undergo seven years simple imprisonment with fine of Rs 5,000/- in default of fine one month additional simple imprisonment.
Counsel for the appellant submitted that the impugned order has been passed without appreciating the evidence on record in right perspective and against the weight of evidence.
It is further submitted that on the basis of the same evidence other co-accused Awadh Narayan Shukla, has been acquitted by the trial court under Section 307/34 of IPC.
It is also submitted that as per the prosecution case, 4 named persons started in-discriminatory firing upon the first informant with a carbine gun, country made pistol, when the first informant and two injured persons were returning to their village from Sarai Akil Bazaar on a scooter. The injured persons namely, Yadunandan and Smt Phoolkali, were medically examined on the next day, after about 18 hours of the incident.
It is further submitted that co accused, Arun Kumar has been granted bail by the Court in Criminal Appeal on 12.10.2023.
“In view of the above facts and circumstances, without considering the merits of the case and on account of huge pendency of cases before the Court, there is no likelihood of final hearing of the appeal in near future”, the Court observed while granting the bail.
“Till the next date of listing, effect and operation of the judgment and orders dated 25.09.2023 and 26.09.2023 with realization of fine shall remain stayed.
It is further submitted that the appellant was on bail during the pendency of trial and he has not misused the liberty of bail.
Let the appellant- Pramod Kumar be released on bail in Sessions Trial, under Section 307/34 of I.P.C, Police Station- Kaushambi, District- Allahabad after executing a personal bond and two sureties in the like amount to the satisfaction of the court concerned”, the Court ordered.
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