Shabbir And 3 Others vs State Of U.P Thru. Prin. Secy.Home ...
2022 Latest Caselaw 5318 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 
Case :- CRIMINAL APPEAL No. - 1447 of 2022
 
Appellant :- Shabbir And 3 Others
 
Respondent :- State Of U.P Thru. Prin. Secy.Home Lko. And Another
 
Counsel for Appellant :- Rajiv Raman Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

Heard learned counsel for the appellant and learned Additional Government Advocate and perused the record.

The instant application has been filed under Section - 389 CrPC to suspend the sentence of conviction and to release the appellant/applicant on bail in Session Trial No.638/2016, arising out of Case Crime No.212/2016, under Sections - 308/34, 325/34, 323/34, 504 IPC, police station - Biswan, District - Sitapur during pendency of criminal appeal.

Learned counsel for the applicant submits that it is a cross case. Both the sides have received injuries. The injury which is found on the head is not fatal. It is submitted that the appellant was on bail during the trial.

In rebuttal, learned AGA has opposed the bail application but he could not dispute the aforesaid facts.

I have perused the judgment and record of the lower court with the assistance of the learned counsel for the parties. I am of the opinion that the sentence awarded by the trial court be kept in abeyance in respect of appellant-applicant and the appellant-applicant be enlarged on bail.

The bail application is allowed and it is directed that the appellant-applicants - Shabbir, Abid, Wahid, Masoom be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned of the District Judgeship of Sitapur.

So far as the fine is concerned, the applicant is directed to deposit the 50% amount of fine imposed by the trial court concerned within a period of one month from the date he is released on bail and the remaining fine shall be stayed.

It is made clear that if the appellant-applicant fails to deposit the aforesaid fine imposed upon him, the same shall be recovered by using coercive methods.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.

(Order on appeal)

Admit.

Summon the lower court record.

List after receipt of the record.

Order Date :- 21.6.2022

mks