Raj Kumar Nishad & 3 Others vs State Of U.P.
2013 Latest Caselaw 4442 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3192 of 2013
 

 
Appellant :- Raj Kumar Nishad & 3 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Vinay Kumar,S.K. Sharma
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Supplementary affidavit has been filed on behalf of appellants, contending in para 5 that the appellants have been released on interim bail after furnishing bail bonds before the court concerned. Let the said supplementary affidavit be taken on record.

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 appellants that the appellants have been convicted for three years rigorous imprisonment under Section 308/34 IPC with same punishment under Section 452/34 IPC. The conviction of appellants is against the evidence on record and the sentence awarded is too excessive. The appellants were on bail during trial and now the appellants are on interim bail. During trial they had not 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, 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 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 appellants, namely, Raj Kumar Nishad, Kishore, Ram Prasad and Pusu, convicted and sentenced in Session Trial No.1399 of 2008, State Vs. Raj Kumar & others, arising out of case crime no.175 of 2006, under Sections, 452, 308/34 IPC, P.S. Nawabganj, District Kanpur Nagar, 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 book and list the appeal for hearing in due course.

Order Date :- 23.7.2013

Mustaqeem.