Allahabad High Court
Pawan Kumar Mishra And 2 Others vs State Of U.P. on 19 January, 2021
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- CRIMINAL APPEAL No. - 3225 of 2020
Appellant :- Pawan Kumar Mishra And 2 Others
Respondent :- State of U.P.
Counsel for Appellant :- Lal Chandra Mishra
Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Re- In Criminal Appeal
Counter affidavit filed by learned A.G.A. is taken on record.
Admit.
Learned A.G.A. has already accepted notice on behalf of the State.
Summon the lower court record.
List this case on 22.2.2021 in the additional cause list before appropriate Court.
Re- In Criminal Misc. First Bail Application No.01 of 2020
Heard Sri Lal Chandra Mishra, learned Counsel for the appellants, learned A.G.A. for the State and perused the record.
The applicants/appellants have been convicted vide judgments and orders dated 20.10.2020 and 3.11.2020 respectively in Special Criminal Case No.101 of 2005 (State of U.P. Vs. Pawan Kumar Mishra and others) arising out of Case Crime No.C-14 of 2003, under Sections 147, 323, 324, 504, 506 IPC and Section 3(1)10 SC/ST Act, Police Station Naraini District Banda and have been sentenced for the offence under Section 147 IPC to undergo imprisonment of one year, under Section 323 read with Section 149 IPC to undergo imprisonment of six months, under Section 324 read with Section 149 IPC to undergo imprisonment of two years, under Section 504 IPC to undergo imprisonment of six months, under Section 506(2) IPC to undergo imprisonment of one year and under Section 3(1)10 SC/ST Act, one year imprisonment and Rs.2000/- fine and in case of default in payment of fine, additional imprisonment for one month.
It is submitted by learned Counsel for the applicants/appellants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that there are several contradictions in the statement of witnesses produced by the prosecution and the prosecution has failed to establish the case against the applicants/appellants but the trial court without appreciating the evidence and materials which are available on record has passed the order of conviction. It is further submitted that the applicants/appellants were on bail during the pendency of the trial and there is no instance of misuse of liberty of bail, therefore, the applicants/ appellants are entitled to be enlarged on bail during the pendency of the appeal. It is further submitted that the appellants have been granted interim bail vide order dated 20.10.2020/3.11.2020 by the court below till filing of the present appeal, copy whereof has been annexed as Annexure 1 to the memo of appeal. Lastly, it is submitted that due to huge pendency of criminal appeals before this Court, there is no chance of early hearing of this appeal.
Per contra learned A.G.A. opposed the prayer for bail.
Considering the submissions made by learned counsel for the appellants and without expressing any opinion on the merits of the case, this Court is of the view that the appellant is entitled to be enlarged on bail during the pendency of the appeal.
Let the applicants/appellants Pawan Kumar Mishra, Ramsuyash Dwivedi and Chandrapal be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to deposit of entire amount of fine imposed on him and undertaking that applicants/appellants will co-operate with the hearing of the appeal.
On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Order Date :- 19.1.2021
S. Singh
