Allahabad High Court
Virendra Trivedi And 4 Others vs State Of U.P. on 20 January, 2021
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL APPEAL DEFECTIVE No. - 60 of 2021
Appellant :- Virendra Trivedi And 4 Others
Respondent :- State of U.P.
Counsel for Appellant :- Krishna Dutt Awasthi
Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
(Order on Appeal)
Today a supplementary affidavit has been filed which is taken on record.
After permission of this Court, the defects have been removed.
Under the circumstances, the Registry is directed to provide a regular number to the present appeal.
Heard learned counsel for the appellants/applicants, learned A.G.A. and also perused the record.
By means of the present appeal under Section 374(2) Cr.P.C. the appellants/applicants are assailing the illegality and validity of the judgment and order dated 11.12.2020 passed by learned Addl. District & Sessions Judge-III, Auraiya in S.T. No. 166 of 2011 (State vs. Virendra Trivedi and others), arising out of Case Crime no. 596 of 2010, under Sections 147, 148, 149, 323, 504, 506 and 307 I.P.C., P.S. Kotwali Auraiya, district-Auraiya, whereby the appellants/applicants were convicted and sentenced under Section 147 for one year R.I. and a fine of Rs. 2,000/- each, six months R.I. under Section 323/149 with fine of Rs. 500 each, six months R.I. under Section 504 and one year R.I. under Section 506 I.P.C. with fine of Rs. 2000/- each. It was also directed that all the sentences shall run concurrently.
Admit.
Summon the lower court record.
List this appeal in due course for hearing.
(Order on Bail Application)
It is contended by the counsel that the appellants/applicants that the appellants/applicants were on interim bail vide dated 11.12.2020 during trial and never misused the liberty of interim bail, copy whereof has been filed as Annexure-SA1 to the supplementary affidavit. It is also contended that the appellants/applicant were on bail during trial and never misused the liberty of bail, therefore, the appellants/applicants are entitled to be enlarged on bail during the pendency of the appeal as there is no likelihood of this appeal being heard in near future.
The prayer for bail has been vehemently opposed by learned A.G.A. but he too could not dispute the above factual position.
Keeping in view the entire facts and circumstances of the case and submission of the learned counsel for the appellants and the learned A.G.A., the appellants-Virendra Trivedi, Arvind Trivedi, Ravindra Trivedi, Sanjay Mishra and Lallan Mishra be released on bail in all the offences they have been convicted and sentenced, in the aforesaid Sessions Trial, during the pendency of the appeal, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds, the lower court record shall transmit photostat copies thereof to this Court for being kept on record of this appeal.
100% of the fine awarded by the Court below under the impugned judgment shall be deposited by the appellants/applicants within a month from his release on bail.
Order Date :- 20.1.2021
Faridul
