Court No. - 8 Case :- BAIL No. - 1828 of 2010 Petitioner :- Brijesh Kumar Tiwari Respondent :- State Of U.P. Petitioner Counsel :- Ram Kumar Yadav,Rajesh Kumar Tiwari Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the appellants and the learned AGA and perused the record.
The appellants Hari Bans, Munna and Anil have preferred this appeal against the judgment and
order dated 3.6.2010 passed by the learned Special Judge in S.T. No. 229 of 1999, whereby
the learned Special Judge has convicted and sentenced each of the appellants under sections
323, 147 IPC and section 3(1) (10) of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, P.S. Rajesultanpur District Ambedkar Nagar and the maximum sentence
imposed on each of them is of two years under section 3 (1) 10 of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act.
Admit.
It was submitted that the appellant was on interim bail during the trial and never abused the
same and there is no prospect of the appeal being heard in near future due to heavy dockets.
Keeping in view the entire facts and circumstances of the case and submissions of the learned
counsel for the appellants and the learned AGA, the appellants Hari Bans, Munna and Anil
Kumar are bailed out during the pendency of the appeal, in Sessions Trial No. 229 of 1999,
under sections 323, 147 IPC and section 3 (1) 10 of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, P.S. Rajesultanpur, District Ambedkar Nagar, on their each
furnishing a personal bond and two sureties each in the like amount to the satisfaction of the
court concerned.
The realisation of half of the fine shall remain stayed during pendency of the appeal, provided
the appellants deposit half of the fine within one month.
On acceptance of bail bonds and personal bond, the lower court shall transmit photo state
copies thereof to this Court for being kept on the record of this appeal.
Let the paper books be prepared.
Order Date :- 9.7.2010
MTA