Court No. - 45 Case :- CRIMINAL APPEAL No. - 301 of 2010 Petitioner :- Pravesh & Others Respondent :- State Of U.P. Petitioner Counsel :- Sanjive Kumar Gupta I Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard Sri Sanjive Kumar Gupta, Advocate, appearing on behalf of the
appellants and AGA for the State on the prayer for bail of the appellants-
accused Pravesh, Pappu and Jaipal, who have been convicted and sentenced to
undergo imprisonment for 4 years for the offences punishable under sections
308/34 IPC, in S.T. No. 181 of 2003 (State vs. Chandrapal & others) by the
judgemnt and order dated 16.01.2010 passed by the Additional Sessions
Judge, Fast Track Court No. 1, Budaun.
The main submission made by the learned counsel for the appellants is
that there was cross version of the same incident and persons from both side
had sustained injuries and the trial court has convicted the accused in both
cases with the finding that there was free fight.
Having considered the submissions made by parties counsel and
keeping in view the facts and circumstances of the case, without expressing
any opinion on merit of the case, the appellants, who were on bail during trial
and did not misuse the same, may be admitted to bail.
Let the appellants Pravesh and Pappu, both sons of Chandra pal and
Jaipal s/o Totaram, be released on bail during pendency of the Appeal on their
executing a personal bond for Rs. 40,000/- and furnishing two sureties each in
the like amount to the satisfaction of the trial court concerned.
Lower court record be summoned by the office and list thereafter in
due course.
Order Date :- 27.1.2010
v.k.updh.