Mahoba & Another vs State Of U.P.
2016 Latest Caselaw 5422 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL APPEAL No. - 4129 of 2016
 

 
Appellant :- Mahoba & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Shailendra Prakash Pandey,Arvind Kumar Mishra
 
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 :- 23.8.2016

Su

.

Case :- CRIMINAL APPEAL No. - 4129 of 2016

Appellant :- Mahoba & Another

Respondent :- State Of U.P.

Counsel for Appellant :- Shailendra Prakash Pandey,Arvind Kumar Mishra

Counsel for Respondent :- G.A.

Hon'ble Raghvendra Kumar,J.

Criminal Misc . Bail Application Application No. 256487 of 2016

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

It has been contended that initially there was a quarrel between the children. Further submission is that accused appellants Mahoba and Tidda @ Ram Aasrey have been convicted for the offence under section 323, 325 I.P.C. Further submission is that on the basis of the same evidence, one of the accused has been convicted for the offence under section 304 I.P.C. and remaining these appellants have convicted only for the aforesaid offence. The learned 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  Mahoba and Tidda @ Ram Aasrey  convicted in S.T.No.226 of 2005 ( State Vs. Ram Swaroop (deceased) and others ) Case Crime No. 88 of 2003, under sections 323, 325 I.P.C., Police Station Holagarh, District Allahabad 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.

Order Date :- 23.8.2016

Su