Arvind And Others vs State Of U.P.
2011 Latest Caselaw 3169 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4332 of 2011
 

 
Petitioner :- Arvind And Others
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Vijay Singh Sengar
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Shri Kant Tripathi,J.

Heard learned counsel for the appellants and learned AGA and perused the impugned judgement rendered by the learned  Special Judge (D.A.A.), Jalaun at Orai  in Session Trial No. 10 of 2002. 

Admit. Summon lower court record. 

Learned counsel for the appellants submitted that the offences are bailable and the appellants  were on bail during the trial and never abused the same. The maximum sentence imposed on each of the appellants is of  four years under sections 325/34 and 387 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 Arvind, Tularam and Ravindra 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 and also subject to the following conditions:

(a)  The appellants shall attend the court according to the conditions of the bond executed by them;

(b) The appellants shall not commit an offence similar to the offence of which they are accused;

(c) The appellants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above three conditions, the trial court will be at liberty to cancel the bail.

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 :- 28.7.2011

shailesh