Rama Shanker Pradhan And 9 Others vs State Of U.P.
2023 Latest Caselaw 12862 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL APPEAL No. - 9434 of 2022
 

 
Appellant :- Rama Shanker Pradhan And 9 Others
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Durgesh Kumar Singh,Anil Kumar Rai
 
Counsel for Respondent :- G.A.,Kavindra Singh
 

 
Hon'ble Mrs. Renu Agarwal,J.

Order on Cr. Misc. Suspension of Sentence Application No. 1 of 2022

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

The instant bail application has been filed against judgment and order dated 17.11.2022 passed by the learned Additional District and Sessions Judge, Court No. 3, Ghazipur in Sessions Trial No. 158 of 2008 (State of Ramashankar Pradhan and others) arising out of Case Crime No. 1064A of 2006 under Sections 147, 148, 149/307, 323 & 504, I.P.C. Police Station Mohammadabad district Ghazipur.

Learned counsel for appellants submitted that appellants were convicted with imprisonment of 10 years and they were on bail during the trial and they did not misused the liberty of bail. It is also submitted that Appellant No. 5, Baijnath Pradhan has already been granted bail by this Court vide order dated 08.02.2023 on the ground of death of his wife. The role of remaining appellants is identical to that of Baijnath Pradhan. It is also submitted that appellant No. 1, i.e. Ramashankar Pradhan has died on 15.02.2023 and the death report has also been submitted to the court concerned.

Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid facts.

Considering the fact that accused were on bail during the trial and they did not misuse the liberty of bail and the equally situated appellant Baijnath Pradhan has already been granted bail by this Court vide order dated 08.02.2023. Injuries are found on the non vital parts and injuries which are found on the vital parts are simple in nature, therefore appellants are entitled to be released on bail. Without expressing any opinion on the merits of the case, let the appellant Nos. 2, 3, 4, 6, 7, 9 and 10, namely, Kripa Shankar Pradhan, Manjesh Rai, Manish Rai, Vineet Rai ,Ramesh Pradhan, Vijay Shanker, Ram Bachan Rai and Sarvesh Rai convicted and sentenced in the aforesaid case be enlarged on bail on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Sentence of the appellants shall be suspended subject deposit of entire amount of fine imposed by the trial court. 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 Criminal Appeal

Office is directed to prepare paper-book and a copy of the same to be given to learned counsel for the appellants on the payment of usual charges.

List after six weeks.

Order Date :- 26.4.2023

ADY

(Renu Agarwal,J.)