Court No. 20
Criminal Appeal No. 96 of 2010
Ram Kumar Kumhar ....... Appellant
Versus
The State .... Opp. Party
And
Criminal Appeal No. 110 of 2010
Ram Ujagir ....... Appellant
Versus
The State of U.P. .... Opp. Party
Hon'ble Raj Mani Chauhan, J.
Connect this criminal appeal with criminal appeal No. 110 of
2010.
Learned counsel for the accused appellant in Criminal Appeal No.
110 of 2010 requests for and is permitted to make correction in the
memo of criminal appeal.
Heard learned counsel for the appellants, learned A.G.A on the
point of admission of criminal appeals and perused the judgment and
order of the trial court.
Both the criminal appeals have been filed by the accused
appellants, as mentioned above, against the same impugned judgment
and order dated 23.12.2009, passed by the learned Additional Sessions
Judge,/ FTC- IV, Court No. 13, Sultanpur. Therefore, order on the point
of admission and prayer of bail of the accused appellants in both the
criminal appeals are being disposed of by the common order.
Both the accused appellants along with co-accused Ajeemullah
were jointly tried by the learned Additional Sessions Judge/FTC-IV
Court No.13 Sultanpur in Sessions Trial No. 11 of 2008 (Case Crime
No. 524 of 1995) ; State Vs. Ram Ujagir and others, under 363, 504,
506, 352 I.P.C. and Section 3 (1)(x) S.C./S.T. Act, Police Station
Kadipur, District Sultanpur. The learned Additional Sessions Judge has
held the accused-appellants guilty under Sections 363 I.P.C.,
consequently, he has convicted and sentenced them to undergo rigorous
imprisonment for 3 years and to pay fine of Rs. 1000/- each under
Section 363 I.P.C. In case of default of payment of fine, they were
ordered to further undergo additional imprisonment for one month.
Admit.
Heard learned counsel for the accused appellants and learned
A.G.A. on the prayer for bail of the accused appellants.
The submission of the learned counsel for the accused appellants
is that all the witnesses of fact examined by the prosecution have not
supported the prosecution case even then the trial court has held the
accused appellants guilty under Section 363 I.P.C. only. The maximum
sentence awarded by the trial court is of 3 years under Section 363 I.P.C.
The accused appellants were on bail during trial and they did not mis-use
the liberty of bail granted to them. They are still on interim bail granted
by the trial court. The co-accused Ajeemullah has already been ordered
to be released on bail by this Court. Therefore, they also deserve to be
released on bail during pendency of the appeal.
Learned A.G.A. opposed the prayer for bail.
Considered the submissions of the learned counsel for the
appellants and the learned Additional Government Advocate. Keeping in
view the sentence awarded by the trial court to the accused appellants,
without expressing any opinion on the merits of the case, the accused-
appellants may be released on bail.
Let appellants Ram Kumar Kumhar and Ram Ujagir be released
on bail in aforesaid Sessions trial number during pendency of the appeals
on their furnishing a personal bond with two sureties each in the like
amount to the satisfaction of the court concerned.
The realization of fine imposed by the trial court against the
accused appellants shall remain stayed.
19.01.2010
Sanjay/-