Court No. 20
Criminal Appeal No. 1767 of 2010
Awdesh and another Appellants
Vs
State of U.P Opp. Party
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the appellants, learned A.G.A. on the point
of admission of criminal appeal and perused the judgment and order dated
11.06.2010.
This appeal has been filed by the accused appellants against the
judgment and order dated 11.06.2010 passed by learned Special Judge,
SC/ST (PA) Act, Fast Track Court No. 5, Hardoi in Sessions Trial No. 543
of 2000 (Crime No. 106-A of 1999): State Vs Awdesh and others, under
Sections 323/34, 324/34, 504, 506 I.P.C. and Section 3 (1) 10 SC/ST Act,
Police Station Beniganj, District Hardoi, whereby learned Special Judge has
held the accused guilty under Sections 323/34, 324/34, 506 (para II) I.P.C.,
consequently he has convicted and sentenced each of the accused to
undergo different terms of imprisonment and to pay fine with default
stipulation. The maximum sentence awarded by the trial court is three years
under Sections 324/34 and 506 (para-II) I.P.C.
Admit.
Heard learned counsel for the appellants, learned A.G.A on the
prayer for bail of the accused appellants.
Learned counsel for the appellants contends that the maximum
sentence awarded by the trial court is three years under Sections 324/34 and
506 (para-II) I.P.C. The accused-appellants were on bail during trial and
they did not misuse the liberty of bail. They are still on interim bail granted
by the trial court to them. Therefore, they deserve to be released on bail.
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 appeal, appellants may be
released on bail.
Let accused-appellants Awdesh and Sahablal be released on bail in
aforesaid Sessions Trial number during pendency of the appeal on their
furnishing personal bond with two sureties each in the like amount to the
satisfaction of the court concerned.
However, the realization of fine is not stayed and the same be
deposited by the appellant, if not already deposited, within one month from
the date of their release, failing which this order of bail shall stand
cancelled.
25.06.2010
Renu/-