Court No. - 71
Case :- CRIMINAL APPEAL No. - 5416 of 2019 Appellant :- Gulab Chauhan And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Girish Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
This criminal appeal has been filed against the order dated 02.08.2019 passed by Special Judge (SC/ST Act), Varanasi in S.S.T. No. 11 of 2009 (State of U.P. Vs. Gulab Chauhan and others) arising out of Case Crime No. 87 of 2008, under Sections 147, 323, 452, 504, 506, 427 IPC and Section 3(1)(10) of SC/ST Act, Police Station Cholapur, District Varanasi, by which, the appellants have been convicted for the offence under Section 147 IPC and awarded sentence of one year simple imprisonment with a fine of Rs.1,000/- each, under Section 452 IPC and awarded sentence of one year simple imprisonment with a fine of Rs.1,000/- each, under Section 323/149 IPC and awarded sentence of six months simple imprisonment with a fine of Rs.500/- each, under Section 504 IPC, awarded sentence of one year simple imprisonment with a fine of Rs.1,000/- each, under Section 506(2) IPC, awarded sentence of one year simple imprisonment with a fine of Rs.1,000/- each and under Section 3(1)(10) SC/ST Act, awarded sentence of two years simple imprisonment with a fine of Rs.2,000/- with default stipulations. All the sentences have been directed to run concurrently.
Admit.
Summon the lower court records.
Notice on behalf of State has been accepted by learned AGA. Issue notice to Opposite Party No. 2.
List after receipt of record.
Order on Bail Application
Heard learned counsel for appellants, learned A.G.A. for the State and perused the record.
Learned counsel for the appellants has submitted that maximum sentence awarded to the appellant is that of two years and the appellants have already been released on interim bail vide order dated 02.08.2019.
Considering the fact that maximum sentence is only for a period of two years and the final disposal of the appeal will take a long time on account of heavy dockets, let the appellant- Gulab Chauhan and Shamsher @ Fundar be released on bail in the above-noted case on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds, the court below shall transmit the xerox copies thereof to this Court for being kept on record.
The fine has already deposited.
Order Date :- 22.8.2019 Nadim