Daya Ram & 8 Others vs State Of U.P.
2013 Latest Caselaw 4973 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3505 of 2013
 

 
Appellant :- Daya Ram & 8 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- V. Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Shri Jagdev Singh, learned counsel has put in appearance on behalf of complainant, which is taken on record.

Heard learned counsel for the appellants, learned AGA for the State and have been gone through the record.

Admit.

Summon the lower court record.

It is argued by the learned counsel for the appellants that maximum sentence of two years have been awarded under Sections 148, 324/149 and Section 506 IPC each with a fine of Rs.500/-. The sentence awarded by the trial court is against the evidence on record. There is cross case in which the appellants' side seven persons have been injured and two persons have died. The appellants are on interim bail. They were on bail during trial and had never misused the liberty of bail. There is no likelihood of early hearing of appeal in near future because there is dockets of pendency of old appeals and the purpose for filing the appeal would be frustrated, therefore the appellants may be released on bail during the pendency of appeal. In case they are enlarged on bail, they will not misuse the liberty of bail.

Per contra the learned counsel for the complainant has argued that the appeal against the conviction under Section 302 IPC is pending before the Division Bench of this Court, which has already been admitted and the record has been summoned, therefore, this case may also be clubbed with the Criminal Appeal No.3360 of 2013, Tej Singh & 17 others Vs. State of U.P.

In view of above let the appeal be connected along with Criminal Appeal No.3360 of 2013, Tej Singh & 17 others Vs. State of U.P.

Considering the facts and circumstances of the case and keeping in the view of the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellants, namely, Daya Ram, Abhay Ram, Mahendra, Rajesh, Virendra, Ishwar Saran, Bhupendra, Devraj and Tej Ram, convicted and sentenced in Session Trial No.6 of 2007, State Vs. Dayaram & 8 others, under Sections 147, 148, 323/149, 324/149, 506 IPC, P.S. Mandavar, District Bijnore, be released on bail on their furnishing a personal bond each with two sureties each in the like amount to the satisfaction of the court concerned. The photocopies of the bonds so furnished be transmitted to this Court to be kept on record of the appeal.

It is made clear that the realization of fine is not stayed.

After receipt of the record the office is directed to prepare the paper books and list the appeal for hearing in due course.

Order Date :- 7.8.2013

Mustaqeem.