Subhash and Another vs State of U.P.

Heard learned Counsel for the Appellant and the learned AGA for the State.

A prayer for bail has been made in this criminal appeal, which has beenfiled against a judgment and order dated 4.6.2007, passed by the Additional Sessions Judge/Special Judge(D. A. A.), District Farrukhabad,in Session Trial No. 9 of 2002(State of U.P. v. Subhash and Anr.),arising out of case crime No. 332 of 2001, u/s 302 IPC, P.S. Mohammadabad, District Farrukhabad, convicting and sentencing the Appellant to undergo for life imprisonment with default stipulation.

It is submitted by the learned Counsel for the Appellant that the incident has taken place after a quarrel. The Appellant Subhash is said to have caused a single blow with a knife on the abdomen of the deceasedMeghnath, which was a fatal injury and the deceased died in the hospital. The Appellant is in jail for more than nine years and two months since 25.11.2001.

Per contra the learned A.G.A. has opposed the bail prayer and has submitted that looking to the seriousness of the offence the Appellant does not deserve to be enlarged on bail.

Considering the facts and submissions made by the learned Counsel for the parties, that since the Appellant is in jail for more than nine years, we are of the opinion that at this stage it is a fit case for grant of bail to the Appellant Subhash.

In view of the above, without expressing any opinion on the merits of the case, let the Appellant Subhash in Session Trial No. 9 of 2002(State of U.P. v. Subhash and Anr.), arising out of case crime No. 332 of 2001, u/s 302 IPC, P.S. Mohammadabad, District Farrukhabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.