Court No. 20
Criminal Appeal No. 1731 of 2010
Akhilesh Pandey & Others ......... Appellants
Versus
The State of U.P. ........ Opposite Party
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the appellant 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 3.6.2010, passed by the learned Special Judge
S.C./S.T. Act/F.T.C., Court No. 2, Faizabad in Sessions Trial No. 229/99
(crime no. 35/98); State Versus Pintu & Others under Sections 147, 323, 336
IPC and 3 (1) 10 S.C./S.T. Act, Police Station Rajesultanpur, District
Ambedkar Nagar, whereby the learned Special Judge has held the accused-
appellants guilty under Sections 147, 323 IPC and 3 (1) 10 S.C./S.T. Act and
has convicted and sentenced each of them to undergo different terms of
simple imprisonment. The maximum sentence awarded is of 2 years and to
pay a fine of Rs. 1500/- 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 sentence
awarded by the trial court to the accused-appellants is two years 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 Akhilesh
Pandey, Ramesh Pandey, Pintu Pandey, Talhai @ Vijay Kumar and Shiv
Kumar may be released on bail during the pendency of the appeal.
Let the appellants Akhilesh Pandey, Ramesh Pandey, Pintu Pandey,
Talhai @ Vijay Kumar and Shiv Kumar 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/-