Court No. 20
Criminal Appeal No. 1744 of 2010
Smt. Babli & Others ......... Appellants
Versus
The State of U.P. ........ Opposite Party
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the appellants on the point of admission
and perused the impugned judgment and order.
This criminal appeal has been filed by the accused-appellants against the
judgment and order dated 28.5.2010, passed by the learned Additional
District & Sessions Judge/FTC, Court No. 1, Raibareli in Sessions Trial No.
371 of 2008 (crime no. 295 of 1999); State Versus Smt. Babli & Others
under Sections 323, 504, 506 IPC, Police Station Sareni, District Raibareli,
whereby the learned Additional District & Sessions Judge has held the
accused-appellants guilty under Sections 323/34, 504, 506 IPC and has
convicted and sentenced each of them to undergo different terms of rigorous
imprisonment including fine. The maximum sentence awarded is of six
months under Section 506 IPC and to pay a fine of Rs. 500/- with default
stipulation.
Admit.
Heard learned counsel for the appellants, learned A.G.A on the prayer
for bail and perused the judgment and order of the trial court.
Learned counsel for the accused appellant submitted that the
maximum sentence awarded by the trial court to the accused-appellants is six
months and they were on bail during trial and they did not mis-use the liberty
of bail granted to them during the trial. They are on interim bail granted by
the Trial Court. They, therefore, deserve to be released on bail during
pendency of appeal.
Learned A.G.A. opposed the prayer for bail.
Considered the submissions of the learned counsel for the appellants
and learned A.G.A. Keeping in view the totality of the facts and
circumstance of the case as well as the fact that the accused was on bail
during the trial and they did not misuse the liberty of bail granted to them
and they are on interim bail granted by the Trial Court, therefore, without
prejudice to the merits of the appeal, the accused-appellants Smt. Babli, Sita
and Maya may be released on bail during the pendency of the appeal.
Let the appellants Smt. Babli, Sita and Maya be released on bail in
aforesaid Sessions Trial number during pendency of the appeal on their
furnishing a personal bond with two sureties each in the like amount to the
satisfaction of the C.J.M. Concerned.
However, the fine is not stayed and the same be deposited by the
appellants, if not already deposited, within 60 days from today, failing which
this order of bail shall stand cancelled.
23.6.2010
Santosh/-