Ompal & Another vs State Of U.P.
2013 Latest Caselaw 4444 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3203 of 2013
 

 
Appellant :- Ompal & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- D.K. Singh,A.K. 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 appellants that the appellants have been falsely implicated in the present case. Initially the case was registered under Sections 323, 307, 324, 504, 506 IPC in respect of the incident alleging that the appellants had assaulted the complainant with knife. The appellants have only been convicted under Sections 352/34, 504/34 IPC for three months and six months imprisonment respectively and have been acquitted from the charge under Sections 323, 307, 324, 506 IPC. 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 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 of bail and supported the judgment.

Considering the facts and circumstances of the case and the submissions made by the learned counsels at the bar, without expressing any opinion on the merits of the case, let the appellants, namely, Ompal and Mukesh Kumar, convicted and sentenced in Session Trial No.1277 of 2003, State Vs. Sri Mukesh Kumar & another, arising out of case crime no.360 of 1998, under Section 352/34, 504/34 IPC, P.S. Civil Lines, District Muzaffarnagar, be released on bail on their furnishing a personal bond each with two sureties 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 in due course for hearing.

Order Date :- 23.7.2013

Mustaqeem.