Court No. 20
Criminal Appeal No. 1732 of 2010
Keshan & Others ......... Appellants
Versus
The State of U.P. ........ Opposite Party
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the appellants on the point of admission
and perused the impugned judgment and order.
This criminal appeal has been filed by the accused-appellants against the
judgment and order dated 27.5.2010, passed by the learned Additional
Sessions Judge, Court No. 3, Sitapur in Sessions Trial No. 728/03 (crime no.
96/2001); State Versus Keshan & Others under Sections 323/34, 504, 506
IPC and 3 (1) X S.C./S.T. Act, Police Station Manpur, District Sitapur,
whereby the learned Additional Sessions Judge has held the accused-
appellants guilty under Sections 323/34, 504, 506 IPC and 3 (1) 10 S.C./S.T.
Act and has convicted and sentenced each of them to undergo different terms
of rigorous imprisonment. The maximum sentence awarded is of 2 years
under Section 3 (1) 10 S.C./S.T. Act and to pay a fine of Rs. 2000/- with
default stipulation.
Admit.
Heard learned counsel for the appellants, learned A.G.A on the prayer
for bail and perused the judgment and order of the trial court.
Learned counsel for the accused appellant submitted that the
maximum sentence awarded by the trial court to the accused-appellants is
two ears and they were on bail during trial and they did not mis-use the
liberty of bail granted to them during the trial. They are on interim bail
granted by the Trial Court. They, therefore, deserve to be released on bail
during pendency of appeal.
Learned A.G.A. opposed the prayer for bail.
Considered the submissions of the learned counsel for the appellants
and learned A.G.A. Keeping in view the totality of the facts and
circumstance of the case as well as the fact that the accused was on bail
during the trial and they did not misuse the liberty of bail granted to them
and they are on interim bail granted by the Trial Court, therefore, without
prejudice to the merits of the appeal, the accused-appellants Keshan, Vijay
and Chandrika may be released on bail during the pendency of the appeal.
Let the appellants Keshan, Vijay and Chandrika be released on bail in
aforesaid Sessions Trial number during pendency of the appeal on their
furnishing a personal bond with two sureties each in the like amount to the
satisfaction of the C.J.M. Concerned.
However, the fine is not stayed and the same be deposited by the
appellants, if not already deposited, within 30 days from today, failing which
this order of bail shall stand cancelled.
22.6.2010
Santosh/-