Balram Prajapati vs State Of U.P.
2015 Latest Caselaw 872 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 
Case :- CRIMINAL APPEAL No. - 700 of 2015
 
Appellant :- Balram Prajapati
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- K.N. Mishra
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Shashi Kant,J.

Heard Sri K.N. Mishra, learned counsel for appellant and learned A.G.A. for the State of U.P.

This appeal  under Section 374 (2) of Cr.P.C. has been filed against judgment and orders dated 03.06.2015/05.06.2015, passed by learned Additional Sessions Judge/Fast Track Court No. 1, Gonda in Sessions Trial No. 306 of 2013, State vs. Balram Prajapati, arising out of Case Crime No. 103/2013, under Sections 363, 366, 368 and 376 I.P.C., P.S. Nawabganj, District Gonda, whereby learned Trial Court has convicted and sentenced the appellant under Section 363 I.P.C. for five years R.I. and fine of Rs. 2000/- and in default of payment of fine amount to further undergo 1 month simple imprisonment, under Section 366 I.P.C. for five years R.I. and fine of Rs. 3,000/- and in default of payment of fine amount to further undergo 1 month simple imprisonment, under Section 368 I.P.C. for five years R.I. and fine of Rs. 3,000/- and in default of payment of fine amount to further undergo 1 month simple imprisonment. All sentences are directed to run concurrently.

Admit.

Learned A.G.A. is representing State of U.P., therefore, there is no need to issue notice to the State.

Summon the record of learned lower Court.

List after receipt of record of lower Court.

Order Date :- 11.6.2015

Monika

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Case :- CRIMINAL APPEAL No. - 700 of 2015

Appellant :- Balram Prajapati

Respondent :- State Of U.P.

Counsel for Appellant :- K.N. Mishra

Counsel for Respondent :- Govt. Advocate

Hon'ble Shashi Kant,J.

Criminal Misc. Application No. 57497 of 2015.

Heard Sri K.N. Mishra, learned counsel for appellant and learned A.G.A. for the State of U.P.

Learned counsel for appellant submits that appellant has been sentenced for five years rigorous imprisonment under Sections 363, 366, 368 I.P.C. and fine of Rs. 8000/- along with smaller punishment in other Sections. It is said that during trial, he was on bail and has not misused the liberty of bail, therefore, he may be enlarged on bail during pendency of this appeal.

The prayer for bail has been opposed by learned A.G.A.

Keeping in view of above facts, let the appellant-accused person namely Balram Prajapati be enlarged on bail in Case Crime No. 103/2013 (Sessions Trial No. 306/2013), under Sections 363, 366, 368 I.P.C., Police Station Mawabganj, District Gonda, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. It is further directed that the learned Trial Court shall transmit the copy of the personal bond and surety bonds for records of this Court.

Order Date :- 11.6.2015

Monika