Krishan Bihari @ Bablu Rai And ... vs State Of U.P.
2011 Latest Caselaw 3833 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4802 of 2011
 

 
Petitioner :- Krishan Bihari @ Bablu Rai And Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Rajeev Chaddha,Aakash Rai
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Shri Kant Tripathi,J.

Heard the learned counsel for the appellants and the learned A.G.A. for the respondent and perused the judgment and order  dated 28.7.2011, rendered by the Special Judge (E.C. Act)/Additional Sessions Judge, Ghazipur, in session trial no. 507/2003 arising out of the crime no. 283-A/2001.

Admit.

Summon the lower court record.

Learned counsel for the appellants submitted that the maximum sentence imposed on each of the appellants is of seven years imprisonment. It was next submitted that the appellants  were on bail during the trial and never abused the same and are on interim bail after conviction. It was next submitted that co-accused Ishwar Dev Rai, Sadanand Rai, Ashok Rai alias Kalwar, Rajesh alias Kudkudi Rai and Santosh Tiwari alias Bablu have already been enlarged on bail vide the order dated 11.08.2011 passed by this Court in Criminal Appeal No. 4707 of 2011, therefore, the appellants are also entitled to bail on the ground of parity.

In my opinion, prima facie, the aforesaid submissions of the learned counsel for the appellants have substance, therefore, it is just and expedient to exercise the discretion in favour of the appellants.

Keeping in view the nature of offence, evidence, complicity of the accused, the severity of punishment and submissions of the learned counsel for the appellants and the learned AGA, I am of the view that the appellants have made out a case for bail.

Let the appellants Krishan Bihari alias Bablu Rai, Birjoo Rai, Kunj Bihari Rai, Narsingh Rai, Bippin Rai alias Babbua Rai, Janak Dev Rai, Satendra Kumar Rai and Anand Bihari Rai, who have been convicted and sentenced, in the aforesaid session trial  be released on bail  during the pendency of the appeal on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the appellants deposit half of the fine within one month.

On acceptance of bail bonds and personal bonds, the lower court shall transmit photo state copies thereof to this Court for being kept on the record of this appeal.

Let the paper books be prepared.

List the appeal for hearing in due course.

Order Date :- 17.8.2011

shailesh