Gagan Gupta & 8 Others vs State Of U.P.
2013 Latest Caselaw 4445 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3135 of 2013
 

 
Appellant :- Gagan Gupta & 8 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- K.S. Chahar
 
Counsel for Respondent :- Govt. Advocate,Dr.Akhilesh Sharma
 

 
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 prosecution case does not support the medical report as well as the statement of the witnesses. There is discrepancy in the statement of the witnesses. The appellants have been acquitted from the charge under Section 307 IPC and have been convicted for three years rigorous imprisonment under Section 325/149 IPC and lesser sentence has been awarded for other offences. The conviction of the appellants is based upon misreading of evidence on record and the sentence awarded is too excessive. The appellants were on bail during trial and now they on interim bail since the date of conviction i.e. 10.7.2013. There is no likelihood of early hearing of appeal in near future because there is dockets 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 counsel for the complainant has vehemently argued that the injuries clearly shows that the appellants were having intention to commit murder and they have rightly been convicted under Section 325 IPC.

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, Gagan Gupta, Dheeraj, Rishi, Anil, Laxman, Sunil, Rameshwar, Ram @ Ram Bahadur and Sushil, convicted and sentenced in Session Trial No.933 of 2007, State Vs. Gagan Gupta & others, arising out of case crime no.39 of 2007, under Sections 148, 324/149, 325/149, 506(2) IPC, P.S. Shahganj, District Agra, 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.