Court No. - 67
Case :- CRIMINAL APPEAL No. - 4656 of 2019 Appellant :- Chandraveer And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Narayan Yadav,Ashutosh Gupta,Satendra Singh,Vandana Gupta Counsel for Respondent :- G.A.,Amrit Shanker Dubey
Hon'ble Rahul Chaturvedi,J.
Heard Sri Ashutosh Gupta, learned counsel for the appellants, learned AGA and perused the record.
By means of the present appeal the appellants are assailing the validity and veracity of the judgment and order dated 19.06.2019 passed by learned Special Judge, SC/ST Act, Firozabad in Special Session Trial No. 183 of 2011, arising out of case crime no. 103 of 2008, u/s 147, 308, 323, 336, 504, 427 IPC and Section 3(!)(X) SC/ST Act, P.S. Pachokhra, District Firozabad by which the appellants were convicted and sentenced u/s 147 IPC for 1 year imprisonment each, u/s 308 IPC for five years imprisonment each and a fine of Rs. 2000/- each and in default of payment of fine three months additional imprisonment, u/s 323 IPC six months imprisonment each, u/s 336 IPC for two months imprisonment, u/s 504 IPC one year imprisonment each and a fine of Rs. 1000/- each and in default of payment of fine one month additional imprisonment, under Section 427 IPC for one year imprisonment and a fine of Rs. 1000/- each and and in default of payment of fine one month additional imprisonment, under Section 3(1)(X) SC/ST Act three years imprisonment and a fine of Rs. 1000/- each and in default of payment of fine three months additional imprisonment have been awarded to the appellants. All the sentences will directed to run concurrently.
Order sheet shows that this appeal has not been admitted as yet. Admit.
Issue notice to opposite party no.2 returnable at an early date. Summon the lower court record.
Submission made by the counsel for the appellants that the appellants were on interim bail during trial and have not misused the liberty of bail granted to them and there is no likelihood of this appeal being heard in near future.
Per contra learned AGA opposed the prayer for bail and submitted that there is sufficient evidence against the appellants so they should not be entitled to be enlarged on bail.
After having heard the submissions made by learned counsel for the parties and keeping in view the gravity of offence and sentence awarded and more particularly appellants on interim bail by the Sessions Judge himself, I find that the appellants are entitled to be enlarged on bail.
Keeping in view the entire facts and circumstances of the case and submission of the learned counsel for the appellant and the learned AGA, the appellants- Chandraveer, Munnalal and Ramveer be released on bail in all the offences in which they have been convicted and sentenced, in the aforesaid Sessions Trial, during the pendency of the appeal, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Appellants are directed to deposit the entire amount of fine within a period of one month.
On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record of this appeal.
List this appeal for hearing in due course.
Order Date :- 17.12.2019 Abhishek Sri.