The Parcha filed by Sri Paritosh Shukla on behalf of the complainant is taken on record.
Heard learned counsel for the accused-appellants, learned A.G.A. for the State and learned counsel for the complainant on bail application. Perused the record.
By judgement dated 23.11.2018 passed by learned Vth Additional District & Sessions Judge, Aligarh, the accused-appellants have been convicted in Sessions Trial No. 662 of 2016, arising out of Case Crime No. 133 of 2016, P.S. Khair, District Aligarh and sentenced for the offence under Section 304 Part-II IPC, for ten years rigorous imprisonment and fine of Rs.5,000/- and in default of payment of fine to undergo one month additional rigorous imprisonment and for the offence under section 148 IPC, for one year rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine, additional rigorous imprisonment of fifteen days.
Submission of learned counsel for the accused-appellants is that the accused-appellants have been falsely implicated in this case. The injuries caused to the deceased were of lathi and danda. There was only one grievous injury caused to the deceased. There was no intention to kill the deceased. Co-accused Krishna Gopal and Smt. Mankush have already been released on bail in Criminal Appeal Defective No. 209 of 2019 by order dated 25.2.2019. The accused appellants are in jail since 23.11.2018. They undertake that they will not misuse the liberty of bail, if granted.
Learned A.G.A. and learned counsel for the complainant has vehemently opposed the prayer of bail and submitted that learned trial court has rightly convicted and sentenced the accused appellants after appreciating evidence on record.
Considering the facts and circumstances of the case, nature of accusation against appellants and also that there is no chance of early hearing of this appeal, without expressing any opinion on merits of the case, I find it to be a case for bail during pendency of appeal.
Let the appellants-Allo @ Nitansh @ Nishant convicted in Sessions Trial No. 662 of 2016, arising out of Case Crime No. 133 of 2016, under Sections 304 Part-II, 148 IPC, P.S. Khair, District Aligarh, be released on bail during pendency of appeal on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned.
So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.
As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.
List the appeal for hearing in due course.
Order Date :- 31.5.2019 RCT/-