Court No. - 29 Case :- CRIMINAL APPEAL No. - 2120 of 2010 Petitioner :- Arvind & Ors. Respondent :- State Of U.P. Petitioner Counsel :- K.K. Singh Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Admit.
Summon the lower court record and list for hearing after receipt of the record.
Heard learned counsel for the appellants and learned A.G.A. on the prayer for
bail and for suspending the execution of the sentence under appeal and also
perused the record.
Learned counsel for the appellants submits that the appellants have been
convicted as under:-
Under Section 323/34 IPC for a period of six months’ R.I., Rs.5,00/- fine,
each.
Under Section 324/34 IPC for a period of one year’s R.I., Rs.1,000/- fine,
each.
Under Section 452 IPC for a period of two years’ R.I., Rs.2,000/- fine, each.
Under Section 504 IPC for a period of one year’s S.I., Rs.1,000/- fine, each.
Under Section 506 IPC for a period of two years’ R.I., Rs.2,000/- fine, each.
Under Section 308/34 IPC for a period of five years’ R.I., Rs.5,000/- fine,
each.
Learned counsel for the appellant also submits that no case under Section
308/34 IPC is made out. It is further submitted that learned trial court erred in
appreciating and evaluating the evidence on record. Learned counsel
contends that there is no likelihood for this appeal to come up for final
hearing in the near future and the appellants were on bail during trial and did
not misuse the liberty granted to them.
In view of the above, the execution of the sentence including sentence of fine
under appeal shall remain suspended till the final disposal of the appeal.
Let appellants Arvind, Vijai Pal, Ram Prasad and Ram Kishore be released on
bail on their furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the Magistrate/court concerned.
On acceptance of bail bonds and personal bond, the lower court shall transmit
photostat copies thereof to this Court for being kept on the record of this
appeal.
Order Date :- 11.8.2010
A