Surendra Pandey vs State Of U.P.
2013 Latest Caselaw 4022 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3013 of 2013
 

 
Appellant :- Surendra Pandey
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ravindra Nath Rai,Ashok Kumar Rai
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

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

Admit.

Summon the lower court record.

It is contended by the learned counsel for the appellant that maximum sentence of two years have been awarded under Section 354 IPC. The conviction of the appellant and the sentence awarded is too excessive. The appellant was on bail during trial and now he is on interim bail. The appellant has been acquitted from the charge under Section 376 read with 511, 504, 506 IPC and Section 3(1)12 of the S.C./S.T. Act. There is no likelihood of early hearing of appeal in near future because of pendency of old appeals, therefore the appellant may be released on bail during the pendency of appeal. In case he is enlarged on bail, he will not misuse the liberty of bail.

Per contra the learned AGA has opposed the prayer of bail and supported the judgment of the trial court.

Considering the facts and circumstances of the case and keeping in view the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellant, namely, Surender Pandey, convicted and sentenced in Session Trial No.46 of 2011, arising out of case crime no.78 of 2010, under Section 354 IPC, P.S. Gyanpur, District Sant Ravidas Nagar-Bhadohi, be released on bail on his furnishing a personal bond 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 book and list the appeal for hearing in due course.

Order Date :- 11.7.2013

Mustaqeem.