Court No. 7
Criminal Appeal No.2709 of 2009
Shri Ram Yadav and another. .......Appellants
Vs.
State of Uttar Pradesh .......Opp. Party
Hon'ble Vedpal,J.
Heard learned counsel for the appellants as well as learned A.G.A. on the
prayer for bail pending appeal and also perused the record of the case.
In S.T.No.385 of 1993 (case crime no.555 of 1992), appellants Shri Ram
Yadav and Raj Kumar have been convicted for the offence punishable under
Section 412 I.P.C. and sentenced to undergo five years rigorous imprisonment
alongwith fine of Rs.3,000/- payable by each of them and in default of payment of
fine to further undergo six months rigorous imprisonment.
As per prosecution version, accused appellant Shri Ram Yadav was found
in possession of 30 bags of sugar and appellant Raj Kumar was found in possession
of twenty five bags of sugar which was the property in relation to which dacoity
was committed by two persons namely Ishak Ali @ Mama and Chand Babu.
Learned counsel for the appellants submits that there is no evidence against the
appellants that they were in knowledge of the fact that the property which was
recovered from his possession was property in relation to which dacoity was
committed and as such the offence does not fall within the purview of section 412
I.P.C. but at the most it may be an offence under Section 411 I.P.C. Learned counsel
for the appellant in support of his submission relied on Moinuddin Mozumdar Vs.
State of Assam reported in AIR 1972 SC 655. He further submits that the
maximum sentence awarded to them is five years’ rigorous imprisonment and that
appellants were on bail during trial and the trial was pending against them since
1992 and alleged offence is not made out against the appellants and they have
every hope of success in appeal.
Bail has been opposed by learned A.G.A.
I have considered the respective submissions made by the parties and
perused the impugned judgment and order passed by the trial court alongwith the
record of the appeal. The maximum sentence of imprisonment awarded to the
appellants, is only five years. Hon’ble the Supreme Court in the case of Bhagwan
Rama Shinde Gosai Vs. State of Gujrat( 1999) 4 SCC 421 has held that when a
person is convicted and sentences to a short term imprisonment, normally rule is
that when his appeal is pending, sentence should be suspended by enlarging
appellants on bail and rejection can only be by way of exception. In the present
case, the appellants are facing trial since last 18 years. Having regard to the facts
and circumstances of the case, keeping in view the arguments put forward by the
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parties, probability factors of the evidence on record, term of the imprisonment
awarded, conduct of appellants when on bail during the trial, I am of the view that
it is a fit case for bail and suspension of sentence of imprisonment. Let appellants
be released on bail on furnishing by each of them a personal bond with two reliable
sureties each in the like amount to the satisfaction of the C.J.M./court concerned on
deposit of amount of fine imposed on them by the trial court.
The sentence of imprisonment awarded to the appellants, shall remain
suspended during the pendency of appeal.
6.1.2010
Tripathi.