Court No. - 80
Case :- CRIMINAL APPEAL No. - 5327 of 2019 Appellant :- Jhalmal Singh And Another Respondent :- State of U.P.
Counsel for Appellant :- Satya Dheer Singh Jadaun,Bipin Kumar Counsel for Respondent :- G.A.
Hon'ble Rajendra Kumar-IV,J.
In Ref: Criminal Misc. Bail Application No. 1 of 2019.
Heard learned counsel for accused-appellants learned AGA for State and perused the material available on record.
Accused-appellants, convicted in Sessions Trial No. 194 of 2015, State v. Sushil Kumar Singh and Others, (Crime No. 31 of 2015) under Sections 498-A, 304-B IPC, and Section 4 of D.P. Act, Police Station Baburi, District Chandauli, applied for bail pending appeal.
Learned counsel for the accused-appellants submits that accused-appellants have been convicted by Trial Court without proper appreciation of evidence. They are innocent; there is no sufficient evidence to convict them. Maximum punishment awarded to accused-appellants by Trial Court is 8 years. It is further submitted that accused-appellant No.1, father in-law and accused-appellant No.2, mother in-law of victim. It is further submitted that during trial, accused-appellants were on bail. Accused-appellants are in Jail since 27.07.2019 having no criminal history. If accused-appellants are enlarged on bail during appeal, they shall not misuse its liberty. Due to huge pendency of appeals in the Hon'ble Court, there is no possibility of early disposal of appeal.
Learned A.G.A. opposed the prayer of bail supporting the order of conviction and further submitted that Trial Court appreciated entire evidence on record in right perspective. There is sufficient evidence on record to convict the accused-appellants in aforesaid Sections. In case, they are released on bail during appeal, they shall not turn up to get this appeal decided; and there is grave possibility of their fleeing away from judicial process.
Considering overall facts and circumstances of the case, material placed before me, rival contentions of learned counsel for the parties, detention of accused-appellants in Jail, sentenced awarded by Trial Court, injury on persons of victim, role of accused-appellants in incident and without commenting upon merit of case, accused-appellants deserve bail.
Accordingly, bail application is allowed.
Let accused-appellants-Jhalmal Singh and Munni Devi be released on bail in the aforesaid matter, during the pendency of appeal, on their furnishing a personal bond and two sureties in the like amount before trial Court concerned to its satisfaction.
As soon as personal bonds and surety bonds are furnished, after keeping photocopies of the same, original copies are directed to be transmitted to this Court forthwith by trial Court concerned to be kept on the record of this appeal.
Order Date :- 26.11.2019 Akram
Court No. - 80
Case :- CRIMINAL APPEAL No. - 5327 of 2019 Appellant :- Jhalmal Singh And Another Respondent :- State of U.P.
Counsel for Appellant :- Satya Dheer Singh Jadaun,Bipin Kumar Counsel for Respondent :- G.A. Hon'ble Rajendra Kumar-IV,J. List this Appeal in May 2020.
Order Date :- 26.11.2019 Akram