Court granting bail due to delays in hearing and assigning lesser role in the allegations despite criminal history.

HON'BLE PRASHANT MISHRA-I, J.

Heard Sri Manish Tiwary, learned Senior Advocate, assisted by Sri Praveen Kumar Singh, learned counsel for the appellant; learned A.G.A.

for the State and perused the record.

This bail application has been moved on behalf of appellant-applicant, Virendra Singh, praying to enlarge him on bail in Sessions Trial No. 78 of 2007, arsing out of Case Crime No.231 of 2006, under Section 302 /34 IPC, Police Station- Nawadia, District- Jaunpur, during the pendency of this appeal.

There are allegations in the FIR that co-accused, Monu Singh @ Sachin, called the deceased from his house and he took him to the house of co- accused, Chanchal Singh and Chandan Singh, where the applicant, Virendra Singh and co-accused, Chandan Singh @ Sandeep challenged him and co-accused, Chanchal Singh fired on deceased, Kunwar Pratap Singh and he died.

Learned counsel for the appellant has submitted that the role of causing injury in the chest of the deceased has been assigned to co-accused, Chanchal Singh. Only the role of exhortation has been assigned to the applicant. He was on bail during trial. He is in jail after judgement since 24.3.2025. He has criminal history of three cases to his credit explained in affidavit of bail application. This appeal is of the year 2025. It is not likely to be heard in near future.

Learned A.G.A. has vehemently opposed the prayer for bail of applicant- appellant but could not dispute the contentions of the learned counsel for the appellant.

After hearing the rival submissions and considering the fact that there are more than hundred criminal appeals being listed before this court per day and it is not humanly possible to decide all on merit. There is remote possibility of hearing of this appeal in near future hence prayer for grant of bail to the applicant is allowed.

Let the applicant-appellant convicted and sentenced in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned.

The sentence awarded to applicant-appellant shall also remain suspended during the pendency of this appeal.

Applicant-appellant shall not transfer, sell, alienate or create any charge on the immovable property in his name, while on bail save with leave of this court.

The appellant shall inform the change of address, if any, within ten days, failing which the State shall be at liberty to request for cancellation of his bail.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.

The appellant-applicant is directed to deposit 50% of fine within a period of one month from the date of his release from jail. Remaining 50% of fine shall remain stayed till the pendency of criminal appeal.

It is made clear that in case, the fine is not deposited within the time as specified above, the same shall be recovered in accordance with law.

Order on Criminal Appeal Office is directed to get the paper book prepared within six weeks, if not prepared.

List this appeal for hearing in due course.