BRIJ LAL @ BIRJU Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the learned A.G.A. and perused the impugned judgment and order dated 06.08.2009, rendered by the Additional Sessions Judge / Fast Track Court No. 31, Barabanki in Special Session Trial No. 586 of 2007.

(2.) LEARNED counsel for the appellant submitted that co -accused Ujagir from whose possession the recovery had been made, has already been enlarged on bail by Hon'ble Mr. Justice Imtiyaz Murtaza vide the order dated 23.09.2011 in Criminal Appeal No. 2210 of 2009, therefore, appellant is entitled to bail on the ground of parity. It was next submitted that the appellant was not arrested on spot and his name surfaced on the basis of the confessional statement of co -accused Ujagir. It was next submitted the investigating officer interrogated the appellant in jail and recorded his confessional statement, which was highly suspicious but the learned trial court did not give due consideration to the submissions made on behalf of the appellant. It was further submitted that the appellant is in jail for more than four years, therefore, he has already served out a substantial portion of the sentence and if he is not released on bail, the appeal would, in due course, become infructuous as there is no hope of an early hearing of the appeal due to heavy dockets. It was next submitted that from the facts and circumstances of the case only the offence under section 304 Part II I.P.C. was made out.

(3.) THE realisation of 80% of the fine shall remain stayed during pendency of the appeal, provided the appellant deposit 20% of the fine within two months.