Santosh And 5 Others vs State Of U.P.
2019 Latest Caselaw 3669 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 
Case :- CRIMINAL APPEAL No. - 3232 of 2019
 

 
Appellant :- Santosh And 5 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Gyan Prakash Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ajit Singh,J.

This criminal appeal under Section 14A (1) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellants challenging the order dated 29.03.2019 passed by learned Additional District and Session Judge, Court No.2/Special Judge, SC/ST (Prevention of Atrocities Act), 1989 in Special Session Trial no.132 of 2002 (State Vs. Santosh and others) arising out of Case Crime No.03 of 2002, under Sections 147, 323/149, 324/149, 452/149, 504, 506(2) I.P.C. and under Section 3(1)(10) of SC/ST Act, P.S.Kakwan, District Kanpur Nagar, whereby the appellants were convicted under the aforesaid Sections.

Admit.

Learned A.G.A., has accepted notice on behalf of State/respondent No. 1.

As per provision of Section 15 (A) (3) of S.C./S.T. Act, learned A.G.A., shall inform the victim/his dependent about the proceedings of this case.

Summon the lower court record within six weeks.

List thereafter.

Learned counsel for the appellants submitted that the appellants are on interim bail by the order passed by the trial court.

Per contra, learned A.G.A., opposed and submitted that the appellants should not be released on bail.

Perused the material available on record. The maximum sentence awarded to the appellants is three years. The appellants are on bail by the order of the trial court.

Without commenting on the merits of the case, considering the facts and circumstances of the case, this Court find it a fit case for enlarging the appellants on bail during pendency of the appeal. It is ordered accordingly.

As the appellants Santosh, Siya Ram, Ram Ratan, Ram Sanehi @ Shiv Nandean, Jaggu @ Jivan Lal and Ghurai are already on bail by the order of the trial court, no order for their release is required to be passed by this Court. Accordingly, they are directed to furnish a personal bond and two sureties each in the like amount to the satisfaction of the trial court within a period of 30 days from today in reference to Special Session Trial no.132 of 2002 (State Vs. Santosh and others) arising out of Case Crime No.03 of 2002, under Sections 147, 323/149, 324/149, 452/149, 504, 506(2) I.P.C. and under Section 3(1)(10) of SC/ST Act, P.S.Kakwan, District Kanpur Nagar

Order Date :- 29.4.2019

R./