Allahabad High Court
Shri Ram vs State Of U.P. on 9 June, 2014
Bench: Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- CRIMINAL APPEAL No. - 754 of 2014
Appellant :- Shri Ram
Respondent :- State Of U.P.
Counsel for Appellant :- Anil Kumar Awasthi
Counsel for Respondent :- Govt. Advocate
Hon'ble Shashi Kant,J.
Heard learned counsel for the appellant and learned A.G.A. for the State of U.P.
This appeal has been filed under Section 374 (ii) Cr.P.C. against the judgment and order dated 17.05.2014 passed by IVth Additional Sessions Judge, Court No. 7, Unnao, whereby the appellant has been convicted under Section 457 I.P.C. for the period of three years rigorous imprisonment and fine of Rs. 5000/-, in default, he has been further convicted additional six months rigorous imprisonment.
Learned counsel for the appellant submits that while passing the impugned judgment, the learned trial court has committed manifest errors of law and facts and developed a new case.
Learned A.G.A. has opposed the above submissions.
Considering the rival submissions made by the learned counsel for the parties and facts and circumstances of the case, I am are of the view that the matter requires re-consideration by this Court.
Admit.
Learned A.G.A. has put in appearance for the State, hence, no need to issue notice.
List this appeal for hearing in the week commencing 25th August, 2014. In the meanwhile, lower court record be summoned through District Judge, Unnao within a period of six weeks from today.
Order Date :- 9.6.2014/Monika
C.M.A. No. 53873/14
in
Case :- CRIMINAL APPEAL No. - 754 of 2014
Appellant :- Shri Ram
Respondent :- State Of U.P.
Counsel for Appellant :- Anil Kumar Awasthi
Counsel for Respondent :- Govt. Advocate
Hon'ble Shashi Kant,J.
Heard learned counsel for the appellant and learned A.G.A. for the State of U.P.
Learned counsel for the appellant/applicant submits that the appellant/applicant is on interim bail till today. He was on bail during trial and he has not misuse the bail. He has been convicted and sentenced under section 457 I.P.C. for a period of three years R.I. and fine of Rs. 5000/-, in default he has been further convicted additional six months rigorous imprisonment.
Learned A.G.A. opposed the prayer for bail by submitting that the conduct of the accused applicant is not good.
Considering the rival submissions made by the learned counsel for the parties and facts and circumstances of the case, I am of the view that this is a fit case for grant of bail.
Let the applicant Shri Ram be released on bail in Sessions Trial No. 196 of 2013 and crime no. 94 of 2013, under Section 457 I.P.C., P.S. Bangar Mau, District Unnao during pendency of the appeal on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to following conditions :-
(1) The applicant will not misuse the bail.
(2) The applicant will fully co-operate in expeditious hearing of this appeal.
However, the fine is not stayed and the same may be deposited by the appellant, if not already deposited, within thirty days from the date of release, failing which this order of bail automatically stands cancelled.
Order Date :- 9.6.2014/Monika
