Allahabad High Court
Parshuram And 2 Others vs State Of U.P. And Another on 21 August, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:167808
Court No. - 84
Case :- CRIMINAL APPEAL No. - 6165 of 2023
Appellant :- Parshuram And 2 Others
Respondent :- State of U.P. and Another
Counsel for Appellant :- Vipin Kumar
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Order on Criminal Misc. Bail/ Suspension of Sentence Application
Heard learned counsel for the applicants and learned A.G.A. for the State.
The instant bail application has been filed under section 389 (1) of Criminal Procedure Code seeking suspension of sentence and release of the appellants/applicants on bail during the pendency of this criminal appeal against order and judgment dated dated 23.05.2023 in Special Trial No. 04 of 2012 (State Versus Parshuram and others), arising out of Case Crime No. 524 of 2009, under Section 452, 323/34, 504, 506 I.P.C. and Section 3(1) 10 SC/ST Act, Police-Station Sakrar, District-Jhansi, convicting and sentencing the appellants under Section 452 I.P.C. for 2 years imprisonment and fine imposed of Rs. 5,000/-, in default of payment of fine, appellants had to undergo one month additional imprisonment, under Section 323/34 I.PC. for six months imprisonment and fine of Rs. 1,000/-, in default of payment of fine, the appellants had to undergo 15 days additional imprisonment, under Section 504 I.P.C. for 2 years rigorous imprisonment and fine of Rs. 1,000/- in default of payment of fine, the appellant had to undergo one month additional imprisonment, under Section 506 I.P.C. for 2 years rigorous imprisonment and fine of Rs. 2,000/- and in default of payment of fine, the appellants had to undergo 2 month additional imprisonment and under Section 3(1)(10) SC/ST Act for three years rigorous imprisonment and fine imposed of Rs. 2,000/-, in default of payment of fine, the appellants had to undergo two month additional imprisonment.
It is argued by the learned counsel for the appellants that maximum sentence awarded to the appellants is three year rigorous imprisonment with fine. Appellants are on interim bail from the trial Court itself. The interim bail order is appended at page 13 of the paper book, hence prayer is made.
Learned A.G.A. opposed the prayer for bail.
From the perusal of record, it is found that appellants were convicted under Sections 452, 323/34, 504, 506 I.P.C. and 3(1) (10) SC/ST Act vide judgment and order dated 23.05.2023 and maximum sentence awarded to the appellants is three year rigorous imprisonment with fine.
As disposal of appeal would take time, there is no allegation of misusing the bail by the applicants 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.
The bail application is allowed.
Let, the appellants- Parshuram, Gulchhe and Siyaram be released on bail in Special Trial No. 04 of 2012 (State Versus Parshuram and others), arising out of Case Crime No. 524 of 2009, under Section 452, 323/34, 504, 506 I.P.C. and Section 3(1) 10 SC/ST Act, Police Station Sakrar, District Jhansi on their furnishing personal bonds and two sureties each of the like amount the satisfaction of the court concerned. The order of their sentence shall remain suspended during pendency of appeal, if they furnish the bonds and the needed sureties.
Oral prayer for staying the realization of fine is rejected.
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 :- 21.8.2023
T.S.
