Court No. - 52
Case :- CRIMINAL APPEAL No. - 6878 of 2018 Appellant :- Chhotey And Another Respondent :- State Of U.P.
Counsel for Appellant :- Rajeev Kumar Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
Admit. Summon the lower court's record.
The instant criminal appeals have been filed by applicants-appellants against the judgement and order dated 12.10.2018 passed by Additional District and Session Judge, FTC-2, Farrukhabad in S.T. No. 221 of 2014 (State vs. Chhotey and another) arising out of Case crime no. 215 of 2012, P.S. Nawabganj, District Farrukhabad.
The submission of learned counsel for the applicants is that the appellants were charged for the offence u/s 323, 325, 308, 504 IPC, however, the trial court has acquitted the appellant for the offence u/s 308 IPC as the prosecution could not establish that the injury caused by the appellant there was any likelihood of causing death of the injured; the maximum sentence awarded u/s 325 IPC is three years, the appellant is on interim bail vide order dated 12.10.2018. There is no possibility of early disposal of the appeal due to heavy dockets.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicants is made out. The bail applications are allowed.
Let the applicants-appellants Chhotey and Ramu convicted and sentenced in the aforesaid session trial, during the pendency of the appeals be released on bail subject to their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
The fine awarded by the court below under the impugned judgement shall be deposited by the applicants-appellants before their release on bail and the same shall be deposited within three weeks; the compensation awarded by the trial court to the injured shall be paid to them after due verification in accordance with law. In case, fine imposed by the trial court is not deposited, the court shall be at liberty to recover the same as arrears of land revenue and bail granted to the appellant shall stands automatically vacated.
List in due course for hearing.
Order Date :- 28.11.2018 Dhirendra/