Allahabad High Court
Jaddu Yadav @ Ravindra & 5 Others vs State Of U.P. on 30 August, 2013
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL APPEAL No. - 3582 of 2013
Appellant :- Jaddu Yadav @ Ravindra & 5 Others
Respondent :- State Of U.P.
Counsel for Appellant :- Devendra Kumar
Counsel for Respondent :- Govt. Advocate
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the appellants, learned AGA for the State and have gone through the record.
Admit.
Summon the lower court record.
It is argued by the learned counsel for the appellants that the first information report was got registered on the basis of an application moved under Section 156(3) Cr.P.C. by the complainant with the allegation that the appellants armed with lathi-danda and spade, after hurling abusive language had assaulted brutally to the complainant on account of which he has sustained serious injuries.
It has been further argued that the appellants have been falsely implicated in the case. The injuries sustained to the complainant are on the non vital part. Maximum sentence of one year have been awarded to each of the appellants under Section 147 IPC and under Section 3(1)(10) of the S.C./S.T. (Prevention of Atrocities) Act. The appellants were on bail during trial and had never misused the liberty of bail. Now the appellants are on interim 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 AGA has opposed the prayer for bail.
Considering the facts and circumstances of the case and keeping in 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, Jaddu Yadav @ Ravindra, Arvindra Yadav, Boby Yadav, Mahesh Yadav, Suresh Yadav and Bachharu Yadav, convicted and sentenced in Session Trial No.289 of 2009, State Vs. Jaddu Yadav @ Ravindra & others, arising out of case crime no.307 of 2008, under Sections 147, 323/149 IPC and Section 3(1)(10) of the S.C./S.T.(Prevention of Atrocities) Act, P.S. Bharthana, District Etawah, 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 :- 30.8.2013
Mustaqeem.
