Prince @ Raj Kumar Singh Thakur vs State Of U.P.
2013 Latest Caselaw 4512 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3233 of 2013
 

 
Appellant :- Prince @ Raj Kumar Singh Thakur
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Sabha Jeet Yadav
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the appellant 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 the appellant has been convicted under Sections 323, 324 IPC for one year rigorous imprisonment and six months rigorous imprisonment has been awarded under Section 3(1)10 S.C./S.T. Act. The conviction of appellant is against the evidence on record and the sentence awarded is too excessive. The appellant was on bail during trial had never misused the liberty of bail. Now the appellant is on interim bail. 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 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, Prince @ Raj Kumar Singh Thakur, convicted and sentenced in Special Session Trial No.540 of 2012, State Vs. Prince @ Raj Kumar Singh Thakur, arising out of case crime no.650 of 2012, under Sections, 323, 324 IPC and Section 3(1)10 S.C./S.T. Act, P.S. Gajraula, District Pilibhit, 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 :- 24.7.2013

Mustaqeem.