Ramdulare Rawat & Others vs State Of U.P.
2021 Latest Caselaw 45 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- CRIMINAL APPEAL No. - 1116 of 2020
 

 
Appellant :- Ramdulare Rawat & Others
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Farooq Ayoob,Farakshan Khatoon,Neelam Sinfh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Virendra Kumar-II,J.

Heard learned counsel for appellant and learned A.G.A. for the State.

The present criminal appeal has been preferred assailing the judgment and order dated 23.10.2020 passed by learned Special Judge (E.C. Act), Barabanki in Sessions Trial No. 227 of 2014 arising out of Complaint Case No. 1196 of 2013 under Sections 452, 323/34, 504 and 506 IPC, Police Station Dewa, District Barabanki. By the impugned judgment, the trial court has convicted the appellants (i) for offence punishable under Section 452 IPC to undergo simple imprisonment for five years and amount of Rs.5,000/- each has been imposed as fine with default stipulation, (ii) for offence punishable under Section 323/34 IPC fine of amounting to Rs.1,000/- each has been imposed, (iii) for offence punishable under Section 504 IPC simple imprisonment for one year and fine amounting to Rs. 1,000/- each has been imposed and (iv) for offence punishable under Section 506 IPC to undergo simple imprisonment for four years and fine amounting to Rs.1,000/- each has been imposed with default stipulation. All the sentences has to run concurrently.

Learned counsel for appellant has submitted that a cross case Sessions Trial No. 133 of 2014 State Vs. Mani Ram and others arising out of Case Crime No. 385 of 2013, under Sections 352, 323, 325, 504, 506 and 308 IPC Police Station Dewa, District Barabanki is still pending in the court of learned Sessions Judge, Court No. 4, Barabanki.

The injured has sustained injuries of simple nature and considering the nature of offence and the fact that there is no possibility of early hearing of the present appeal, the appellants may be enlarged on bail during the pendency of the appeal. The appellants were enlarged on bail during the course of trial of complaint case. They will cooperate for disposal of the present appeal. They have not misused liberty of bail.

Considering the fact that cross case Sessions Trial No. 133 of 2014 is still pending before the trial court and the nature of offence, without expressing opinion on the merits of the case, the appellants are entitled to be enlarged on bail.

Let appellants (Ramdelare Rawat, Sant Sharan Rawat and Shiv Sahai Rawat) be enlarged on bail during the pendency of the appeal in the aforesaid sessions trial number on their furnishing a personal bond of Rs.30,000/- each and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

i. List this appeal on its turn and the appellants shall cooperate for disposal of this appeal and shall appear as and when it is required.

ii. The copy of bail bonds be furnished to this Court after accepting by the C.J.M./court concerned.

iii. The appellants shall attend the Court in accordance with the conditions of the bond executed by them.

iv. The appellants shall not commit any offence during pendency of this appeal.

It is made clear that amount of fine is not hereby stayed.

Order Date :- 4.1.2021

Virendra