Chhotey vs State Of U.P. on 22 January, 2010

                                                                     Court No.20
                        Criminal Appeal No. 122 of 2010
                                     Chhotey

                                        Vs.
                                 The State of U.P.
Hon'ble R.M. Chauhan, J.

Heard learned counsel for the appellant on the point of admission and

perused the judgment and order dated 12.01.2010 passed by the trial court.

This appeal has been filed by the accused-appellant, Chhotey against the

judgment and order dated 12.01.2010 passed by the Additional Sessions Judge/

Fast Traci Court No.6, Hardoi, in Sessions Trial No.884 of 1997 (Crime No.63 of

1994) State Vs. Israj and others, under Sections 323, 504, 506 I.P.C. and 3(1)(x)

of SC/ST Act, P.S. Kasimpur, District Hardoi, whereby the learned Additional

Sessions Judge has held the accused appellant guilty under Sections 323, 504, 506

I.P.C. and 3(1)(x) of SC/ST Act. The learned Additional Sessions Judge has

convicted and sentenced the accused to undergo different terms of imprisonment

and to pay fine with default stipulation. The maximum sentence awarded by the

trial court is two years under Sections 3(1)(x) of SC/ST Act.

Admit.

Heard the learned counsel for the appellant, learned A.G.A. on the prayer of

bail and perused the judgment and order dated 12.01.2010.

The learned counsel for the appellants contends that the maximum sentence

awarded by the trial court is of two years under Section 3(1)(x) of SC/ST Act. The

learned counsel further contends that the appellant has already deposited the fine

imposed by the trial court. The accused-appellant was on bail during trial. He did

not misuse the liberty of bail granted to him and still he is on interim bail.

Therefore, he deserves to be released on bail.

The learned A.G.A, opposed the prayer of bail.

Considering the submissions of the learned counsel for the accused-

appellant and the learned A.G.A. as well as keeping in view the totality of the facts

and circumstances of the case, without expressing any opinion on the merits of the

appeal, the accused-appellants may be released on bail.

Let appellant Chhotey be released on bail in aforesaid Sessions Trial

number on his furnishing a personal bond with two sureties each in the like

amount to the satisfaction of the court concerned.

However, in case the fine has already not deposited by the appellant, the

same be deposited within 30 days from the date of his release, failing which this

bail order shall stand cancelled.

22.01.2010
Prajapati/-