Seva Ram & 2 Others vs State Of U.P.
2016 Latest Caselaw 5366 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4107 of 2016
 

 
Appellant :- Seva Ram & 2 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Umesh Chandra Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Raghvendra Kumar,J.

Heard learned counsel for the appellants and learned A.G.A.for the State of U.P.

It has been submitted on behalf of the appellants that the trial court has failed to  appreciate the evidence in right perspective and erred in recording the finding of conviction, the judgment  is thus perverse.

Admit.

Summon the lower court record within six weeks from today.

List immediately after receipt of record.

Order Date :- 22.8.2016

Su

Case :- CRIMINAL APPEAL No. - 4107 of 2016

Appellant :- Seva Ram & 2 Others

Respondent :- State Of U.P.

Counsel for Appellant :- Umesh Chandra Tiwari

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application Application No. 255094 of 2016

Heard learned counsel for the appellants and learned A.G.A.for the State of U.P.

Learned counsel for the accused-appellants submitted that bail application of appellant no. 1 Seva Ram be pressed after receipt of record and its disposal may be deferred till then.  He prays for consideration of bail  plea of accused Shishupal and Ramgopal.It has been submitted that P.W.2 Vidyawati and P.W.3 Anita Devi both have assigned the role of exhortation to the accused Ram Gopal and Shishupal.  The accused appellants have been impleaded out of enmity.  The court below has failed to appreciate the evidence in right perspective. The appellants were on bail during the course of trial.

Learned A.G.A.has opposed the bail application.

There is no likelihood of this appeal being heard in near future 

Considering the rival submissions  and without expressing any opinion on the merits of the appeal, I find it a fit case for bail.

Let appellants  Shishupal and Ramgopal  convicted in S.T.No. 28 of 2013, in case crime No. 411 of 2012 under sections 304/34, 504 I.P.C., Police Station Vajeerganj, District Budaun  be admitted to bail subject to  their  executing a personal bond and furnishing two heavy and reliable sureties  in the like sum to the satisfaction of the Court concerned.

The appellants are  directed to deposit 50% of the amount of fine imposed by the trial court within 10 days from the date of their release from jail and the  realisation of  rest 50%  fine shall remain stayed during pendency of the appeal.

Bail application of appellant No.1  Seva Ram shall be considered after receipt of record, as prayed.

Order Date :- 22.8.2016

Su