Shyam Babu And 2 Others vs State Of U.P.
2019 Latest Caselaw 3397 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL APPEAL No. - 5871 of 2018
 

 
Appellant :- Shyam Babu And 2 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Alok Singh,Kandarp Srivastava,Kaustubh Srivastava,Sunil Kumar Pathak
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the applicants-appellants and learned A.G.A. for the State on bail application. Perused the record.

The Court is considering only prayer for bail of accused-appellant nos. 2 and 3.

By judgement and order dated 25.9.2018 passed by learned XXth Additional District & Sessions Judge, Agra, the accused-appellants have been convicted and sentenced for the offence under section 307/34 IPC, for five years rigorous imprisonment and fine of Rs.10,000/- each, under section 323/34 IPC, for six months rigorous imprisonment, under section 325/34 IPC, for three years rigorous imprisonment and fine of Rs.2,000/- each, under section 452 IPC, for three years rigorous imprisonment and fine of Rs.2,000/- each, in case of default accused-appellants to undergo additional imprisonment for one month and under section 504 IPC, one year rigorous imprisonment in S.T. No. 1452 of 2008, arising out of Case Crime No. 828 of 2007, under Sections 307/34, 323/34, 325/34, 504, 452 IPC, P.S. New Agra, District Agra.

Submission of learned counsel for the accused-appellants is that the accused-appellants have been assigned only role of exhortation. There is only fire-arm injuries found on the body of injured and these two accused-persons have not been assigned with any fire-arm injury. The country made pistol has been assigned to one Lokendra Singh. The accused-appellants are languishing in jail since 25.9.2018 having no other criminal history in their credit. They undertake that they will not misuse the liberty of bail, if granted.

Learned A.G.A. has vehemently opposed the prayer of bail and submitted that learned trial court has very rightly convicted and sentenced the accused appellants after appreciating evidence on record.

Considering unlikelihood of early hearing of appeal, complicity of convicts and sentence as well as totality of facts and circumstances, at this stage, without expressing any opinion on merits of the case, I find it to be a case for bail during pendency of appeal.

Let the appellant no. 2-Sunil and appellant no. 3-Anil convicted in Sessions Trial No. S.T. No. 1452 of 2008, arising out of Case Crime No. 828 of 2007, under Sections 307/34, 323/34, 325/34, 504, 452 IPC, P.S. New Agra, District Agra, be released on bail during pendency of appeal on their 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.

List the appeal for hearing in due course.

Order Date :- 24.4.2019

RCT/-