Court No. - 43 Case :- CRIMINAL APPEAL No. - 6132 of 2008 Petitioner :- Birbal & Others Respondent :- State Of U.P. Petitioner Counsel :- N.K. Sharma,A.K.Singh,D.D. Gupta,H,K,Sharma Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellants and the learned A.G.A. and have
perused the judgment of conviction and sentence.
After looking into the record, I do not find any reason to grant bail to the
appellant Nos. 1 and 2 namely Birbal and Bhagwani Devi. Their bail prayer
stands rejected.
So far as appellant No. 3 Sarvajeet, who is jeth, appellant No. 5 Surjeet, who
is nandoi and appellant No. 6 Bhama Devi, who is nanad are concerned, there
is no specific allegation against them and the evidence led by the prosecution
witnesses by informant, P.W. 2, does not indicate any specific allegation.
Let the appellant Nos. 3, 5 and 6 namely Sarvajeet, Surjeet and Bhama Devi
be enlarged on bail on their furnishing a personal bond of Rs. 1 lac with two
sureties each in the like amount to the satisfaction of trial Judge concerned in
Sessions Trial No. 573/05, under Sections 304B, 498A, 201 I.P.C. and 3/4
D.P. Act, P.S. Mirzamurad, District Varanasi. As soon as personal and surety
bonds are furnished, photocopies of the same are directed to be transmitted to
this Court forthwith by trial Judge concerned to be kept on the record of this
appeal.
The appellants are allowed one month time to deposit Rs. 5,000/- amount of
fine awarded to them. Rest of the amount of fine shall remain stayed during
the pendency of this appeal in this court.
Order Date :- 12.1.2010
AKG/-