Rambhool & 3 Others vs State Of U.P.
2013 Latest Caselaw 5281 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3620 of 2013
 

 
Appellant :- Rambhool & 3 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Rakesh Kumar Yadav
 
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.

According to the prosecution case the appellants reached at the field of the complainant, where his son and his servant had gone to plough the field, the appellants had assaulted the complainant's son and his servant with lathi-danda hurling abusive language, on account of which they sustained injuries.

It is argued by the learned counsel for the appellants that the medical report is inconsistent with the prosecution case. The injured Rakesh was examined as defence witness wherein he has stated that he was compelled by the injured Dinesh Kumar to depose in respect of which the quarrel took place between the appellants and Dinesh Kumar, and when he refused to give any deposition he was assaulted by Dinesh Kumar, which makes the entire prosecution false and concocted. Maximum sentence of three years rigorous imprisonment have been awarded under Section 324/34 IPC with a fine of Rs.2,000/-. 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 and supported the judgment of the trial court.

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, Rambhool, Harveer, Dharm Pal and Kalua, convicted and sentenced in Session Trial No.880 of 2008, State Vs. Rambhool & others, arising out of case crime no.25 of 2005, under Sections 323/34, 324/34 IPC, P.S. Salempur, District Bulandshahr, 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.