Allahabad High Court
Hausila Alias Chet Narain Maurya ... vs State Of U.P. on 19 April, 2019
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- CRIMINAL APPEAL No. - 7039 of 2018
Appellant :- Hausila Alias Chet Narain Maurya And 2 Ors.
Respondent :- State Of U.P.
Counsel for Appellant :- Uday Shankar Tiwari,P.K. Singh
Counsel for Respondent :- G.A.,Vinod Kr Pandey
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the appellants, learned A.G.A. for the State on bail application.
By judgment and order dated 17.11.2018 passed by 12th Additional Sessions Judge, Varanasi, accused-appellants have been convicted and sentenced for the offence under section 308/34 IPC, five years imprisonment and as fine Rs.10,000/- each, for the offence under section 323/34 IPC, one year imprisonment and as fine Rs.1,000/- each, for the offence under section 324/34, two years imprisonment and as fine Rs.3,000/- each and for the offence under section 504 IPC, one year imprisonment and as fine Rs.2,000/- each in S.T. No. 780 of 2010, arising out of Case Crime No. 467 of 2009, P.S. Sarnath, District Varanasi.
Submission of learned counsel for the appellants is that accused persons are already in jail since 17.11.2018. There is contradiction in the statement of witnesses. The medical report also does not support the weapon assigned to the accsued-appellants. All the injuries are simple in nature. The accused-appellants were on bail during trial and they did not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant have strongly opposed the prayer of bail and submitted that the learned trial court after appreciating evidence on record has rightly convicted the accused-appellants.
Considering the facts and circumstances of the case and also that there is no likelihood of appeal being heard in near future, without expressing any view on merit of the case, I find sufficient ground for releasing the accused-appellants on bail during pendency of appeal.
Let the appellants- Hausila alias Chet Narain Maurya, Salil Kumar alias Khanjhati and Santosh Kumar convicted in S.T. No. 780 of 2010, arising out of Case Crime No. 467 of 2009, P.S. Sarnath, District Varanasi, be released on bail during pendency of appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.
As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.
It has been reported that original record of lower court has already been received. The office is directed to prepare paper book within four months.
List the appeal for hearing in due course.
Order Date :- 19.4.2019
RCT/-
