Allahabad High Court
Ram Vishal Singh And 3 Others vs State Of U.P. And Another on 8 August, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:159270
Court No. - 84
Case :- CRIMINAL APPEAL No. - 7868 of 2023
Appellant :- Ram Vishal Singh And 3 Others
Respondent :- State of U.P. and Another
Counsel for Appellant :- Yogendra Singh
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Order on Appeal
Learned counsel for the appellants is present.
This is an appeal against the order of conviction dated 12.07.2023 whereby appellants have been convicted under Sections 323, 504 and 506 I.P.C. and Section 3(1)(10) SC/ST Act.
Appeal is admitted.
Notice be issued to opposite party no.2
Counter affidavit be filed within three weeks. Rejoinder affidavit may be filed within one week thereafter.
Trial Court record has been summoned.
List this case on 14.09.2023.
Order on Bail Application
Heard learned counsel for the appellants and learned A.G.A. for the State on the criminal misc. bail application.
The instant bail application has been filed in the appeal under Section 14-A(1) SC/ST (P.A.) Act against the judgment and order dated 12.07.2023 passed by learned Additional Session Judge /Special Judge (SC/ST) Act, Banda, convicting and sentencing the appellants under section 323 I.P.C. to 1 year simple imprisonment and fine of Rs. 1000/- in default of fine, further simple imprisonment for a period of 15 days was to undergo, for the offence under Section 504 I.P.C., 1 years simple imprisonment and fine of Rs. 1000/- in default of fine, further simple imprisonment for a period of 10 days was to undergo, for the offence under Section 506 I.P.C., 1 year simple imprisonment and fine of Rs. 1000/- in default of fine, further simple imprisonment for a period of 15 days was to undergo and for the offence under section 3(1)(10) SC/ST Act 3 years simple imprisonment and fine of Rs. 3000/- in default of fine, to unedergo further simple imprisonment for a period of 15 days in Special Session Trial No. 27 of 2004 (State Vs. Ram Vishal Singh and others) under Sections 323/34, 504, and 506 I.P.C. and Section 3(1)(10) SC/ST Act, P.S. Naraini, District Banda.
It is argued by the learned counsel for the appellants that maximum sentence awarded to the appellants is 3 years simple imprisonment with fine under Section 3(1) 10 SC/ST Act. They are on interim bail from the trial Court. Interim bail order is appended at page 60 of the paper book, hence prayer is made accordingly.
Learned A.G.A. however, opposed the prayer for bail.
From the perusal of the record, it is found that appellants have been convicted under Sections 323, 504, and 506 I.P.C. and Section 3(1)(10) SC/ST Act wherein maximum sentence awarded to the appellants is 3 years simple imprisonment with fine and the appellants are on interim bail from the trial court itself. Interim bail order is appended at page 60 of the paper book. As disposal of appeal would take time, there is no allegation of misusing the bail by the applicant during trial, so considering the submission of the parties, perusal of record, period of sentence and without expressing any opinion on the merits, I find that it is a fit case for grant of bail to the appellants/applicants during the pendency of the appeal. During the pendency of appeal the sentence awarded to this appellants/applicants shall remain suspended.
The bail application is allowed.
Let the appellant/applicants Ram Vishal Singh, Vijay Singh, Himmat Singh and Jaypal Singh, convicted in the above mentioned case be released on bail during pendency of this appeal on furnishing personal bond and two sureties in the like amount to the satisfaction of the trial court with the condition that the appellants/applicants will co-operate with the hearing of the appeal.
Fine is said to have been deposited.
As soon as the personal bonds and sureties are furnished, the trial court is directed to transmit the same to this Court forthwith to be kept on the record of this appeal.
Order Date :- 8.8.2023
T.S.
