Allahabad High Court
Mahesh Chand Sihoriya And 4 Others vs State Of U.P. on 17 May, 2023
Bench: Mohd. Azhar Idrisi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:108736
Court No. - 92
Case :- CRIMINAL APPEAL No. - 5047 of 2023
Appellant :- Mahesh Chand Sihoriya And 4 Others
Respondent :- State of U.P.
Counsel for Appellant :- Ashok Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Order on Criminal Misc. Suspension of Sentence under Section 389 (1) Cr.P.C.
1. Heard learned counsel for the applicants-appellants, learned A.G.A. for the State.
2. This Criminal appeal under Section 374(2) of Criminal Procedure Code has been preferred by the applicants/appellants against the judgment and order dated 01.04.2023 passed by Special Judge(SC/ST Act) Agra, (State vs. Anil Kumar & Ors) in special trial no. 98 of 2016 arising out of Case Crime No. 180 of 2015, Under Sections 147, 148, 452, 354, 323/149, 324/149, 504, 506, 308/149 I.P.C. and Section 3(1) (10) SC/ST Act, P.S. Barhan, District Agra by impugned judgment of conviction and sentence as under :-
a. For the offence under Section 147 IPC one year rigorous imprisonment, with fine of Rs.500/- each and in default of payment of fine one month additional ordinary imprisonment.
b. For the offence under Section 148 IPC one year rigorous imprisonment, with fine of Rs.500/-each and in default of payment of fine one month additional ordinary imprisonment.
c. For the offence under Section 323/149 I.P.C. six months rigorous imprisonment, with fine of Rs.500/- each and in default of payment of fine one month additional ordinary imprisonment.
d. For the offence under Section 324/149 I.P.C. two years rigorous imprisonment, with fine of Rs. 500/- each and in default of payment of fine two months additional ordinary imprisonment.
e. For the offence under Section 452 I.P.C. three years rigorous imprisonment, with fine of Rs. 1000/- each and in default of payment of fine two months additional ordinary imprisonment.
3. All the sentences ordered to be run concurrently.
4. Learned counsel for the applicants-appellants submits that prosecution witnesses are are close relative and highly interested in falsely implicating the accused and their testimony is not reliable and court below has not considered this material aspect of the matter while passing the order of conviction. He submits that injuries received by the victim are simple in nature. He further submits that applicants-appellants has been falsely implicated in the present case and during trial he was on bail, therefore, applicants-appellants be granted bail during pendency of the appeal and they will never misuse the liberty of bail. He further submits that applicants-appellants undertake that they will not misuse the liberty of bail and shall remain present before the court as and when required and they will cooperate with the hearing of the appeal.
5. Learned A.G.A. as wall as learned counsel for the informant has opposed the bail application but could not dispute the aforesaid fact.
6. Considering the submissions advanced by the learned counsel for the parties, unlikelihood of early hearing of appeal due to heavy pendency, applicants/appellants being on interim bail and disposal of appeal will take time, thus, in totality of facts and circumstances, at this stage, without commenting on the merits of the case appellants deserve to be released on bail during pendency of appeal.
7. Let the applicants-appellants Mahesh Chand Sihoriya, Lok Deepak, Desh Deepak, Vineet, Bhojraj be released on bail in the aforesaid case on their furnishing a personal bond and two securities in the like amount to the satisfaction of trial judge concerned and applicants-appellants will cooperate in hearing of the appeal and its early disposal.
8. It is made clear that realization of fine is not stayed.
9. On acceptance of their bail bonds, the lower Court shall transmit the Photostat copies thereof to this Court for being kept on record of this appeal.
Order Date :- 17.5.2023/Gaurav
