Munna And Others vs State Of U.P.
2011 Latest Caselaw 3919 ALL

Citation : 2011 Latest Caselaw 3919 ALL
Judgement Date : 18 August, 2011

Allahabad High Court

Munna And Others vs State Of U.P. on 18 August, 2011

Bench: Shri Kant Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4828 of 2011
 

 
Petitioner :- Munna And Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Jitendra Pal Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Shri Kant Tripathi,J.

Heard the learned A.G.A. for the respondent and perused the judgment and order dated 05.08.2011 passed by the learned Additional Sessions Judge/Special Judge (SC/ST Act), Pilibhit in S.T. Nos. 430 of 2008 (State v Munna & others) and 106 of 2009 (State v Harishchandra Yadav).

Admit. Summon lower court record.

The appellants were on bail during the trial and never abused the same and are on interim bail after conviction. The maximum sentence imposed on each of the appellants is of one year under section 332 IPC. In case the appellants are 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.

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 appellant.

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 Munna, Vinod Singh, Chhotey Lal Tiwari, Ramashankar Yadav and Harishchandra Yadav, who have been convicted and sentenced, in the aforesaid session trials 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 :- 18.8.2011

shailesh