The Allahabad High Court has stayed the sentence of seven years imprisonment and a fine of Rs 5,000 awarded by the Sessions Court for fatally attacking two people who were going from home to Sarai Akil Bazaar by firing a pistol and injuring them.
A Single Bench of Justice Sanjay Kumar Pachori passed this order while hearing a Criminal Appeal filed by Arun 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 in Sessions Trial, 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 further submitted that as per the prosecution case, 4 named persons started indiscriminate 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 also submitted that the appellant was on bail during the pendency of trial and he has not misused the liberty of bail.
In view of the above facts and circumstances, the Court 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 this appeal in near future, the appellant is granted bail.
Let the appellant- Arun 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.
The Court stayed the orders dated 25.09.2023 and 26.09.2023 with realization of fine.