Ashok Alias Lala Beriya And ... vs State Of U.P.
2013 Latest Caselaw 4725 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 3351 of 2013
 

 
Appellant :- Ashok Alias Lala Beriya And Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- I.K.Chauturvedi
 
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 case. The conviction of appellants is against the evidence on record. The sentence awarded by the trial court is too excessive. Maximum sentence of two years has been awarded under Section 325/34 IPC and lesser sentence has been awarded for other offences. 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 there is dockets 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 for bail and supported the judgment.

Considering the facts and circumstances of the case and keeping in the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, let the appellants, namely, Ashok alias Lala Beriya and Bablu Singh, convicted and sentenced in Session Trial No.220 of 2007, State Vs. Ashok alias Lala Beriya, and in Session Trial No.144 of 2008, State Vs. Bablu Singh, arising out of case crime no.231 of 2005, under Sections 323/34, 325/34, 504, 506 IPC, P.S. Girwan, District Banda, 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. The3192 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 :- 30.7.2013

Mustaqeem.