Triveni Rai And Others vs State Of U.P.
2011 Latest Caselaw 3084 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4282 of 2011
 

 
Petitioner :- Triveni Rai And Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Sujeet Kumar Rai
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Shri Kant Tripathi,J.

Heard learned counsel for the appellants, Mr SK Rai for the complainant and learned AGA and perused the impugned judgement rendered by the learned  Additional Sessions Judge, Court No. 4, Azamgarh in Session Trial No. 85 of 2007.

Admit. Summon lower court record. 

Learned counsel for the appellants submitted that  from the facts and circumstances of the case, the offence under  section 308  IPC was not made out. It was further submitted that 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 four years under section 308 IPC. It was further contended that 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 that the appellants have made out a case for bail.

Let the appellants Triveni Rai, Jamuna Rai, Vinod Rai and Sanjay Rai involved 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 :- 26.7.2011

shailesh