Chunubad Yadav And 3 Others vs State Of U.P.
2019 Latest Caselaw 6040 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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Court No. - 71
 

 
Case :- CRIMINAL APPEAL No. - 4549 of 2019
 

 
Appellant :- Chunubad Yadav And 3 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Ramanuj Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajiv Gupta,J.

Order on Criminal Appeal

Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.

This criminal appeal has been filed by the appellant against the order dated 17.06.2019 passed by Special Judge, SC/ST Act/Sessions Judge, Mahoba in Special Case No. 30 of 2014 (State Vs. Chunubad Yadav and others), arising out of Case Crime No. 83 of 2013, under Sections 323/34, 325/34, 504, 506 IPC and 3(1)(10) SC/ST Act, Police Station Khanna, District Mahoba.

Learned counsel for the appellants has submitted that the appellants have been convicted for the offence under Section 323/34 IPC, awarded the sentence of six months RI with fine of Rs.500/- with default stipulation, under Section 325/34 IPC, awarded the sentence of three years RI with fine of Rs.3,000/- with default stipulation, under Section 504 IPC, awarded the sentence of three months RI with fine of Rs.300/- with default stipulation, under Section 506 IPC, awarded the sentence of one year RI with fine of Rs.1,000/- with default stipulation and under Sections 3(1)(10) of SC/ST Act, awarded the sentence of three years RI with fine of Rs.3,000/- with default stipulation. All the sentences are directed to run concurrently.

Admit.

Learned AGA has accepted the notice on behalf of the State/respondent no.1.

Issue notice to Opposite Party No. 2.

Summon the lower court records.

List after receipt of records.

Order on Bail Application

Heard learned counsel for appellants, learned A.G.A. for the State and perused the record.

Learned counsel for the appellants has submitted that maximum sentence awarded to the appellants is that of three years and the appellants had already been directed to be released on interim bail.

Considering the fact that maximum sentence is only for a period of three years and the final disposal of the appeal will take a long time on account of heavy dockets, let the appellants Chunubad Yadav, Jaikaran, Chatur Yadav and Yuvraj Yadav be released on bail in the above-mentioned case on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

On acceptance of bail bonds, the court below shall transmit the xerox copies thereof to this Court for being kept on record.

The fine, if not deposited, shall be deposited within one month from the date of release.

Order Date :- 9.7.2019

Nadim