Court No. - 28 Case :- CRIMINAL APPEAL No. - 1912 of 2010 Petitioner :- Neelkanth Yadav & Ors. Respondent :- State Of U.P. Petitioner Counsel :- Pranav Agnihotri Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
The learned counsel for the appellants is permitted to make correction of the father’s name of
the appellant no.3.
Heard the learned counsel for the appellants and the learned AGA and perused the record.
The appellants Neelkanth Yadav, Raju Yadav and Sarnam Yadav have preferred this appeal
against the judgment and order dated 13.7.2010 passed by the learned Additional Sessions
Judge, Fast Track Court No.6 Sitapur in S.T. No. 813 of 2007, whereby the learned Additional
Sessions Judge has convicted and sentenced each of the appellants under sections, 323, 325/34
and 304 part II read with section 34 IPC and the maximum sentence imposed on each of them
is of four years under section 304 part II readwith section 34 IPC.
Admit.
Summon the lower court record.
The learned counsel for the applicant submitted that the main role was of co-accused Naresh
who has been sentenced to undergo rigorous imprisonment of seven years. The appellant no.1
Neelkanth and one more person also sustained injuries from the accused side. It was also
submitted that the appellant was on 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 Neelkhanth Yadav, Raju Yadav
and Sarnam Yadav are bailed out during the pendency of the appeal, in Sessions Trial No. 813
of 2007, under sections 323, 325/34 and 304 Part II readwith section 34 IPC, P.S. Misrikh,
district Sitapur 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 :- 20.7.2010
MTA