Court No. - 52
Case :- CRIMINAL APPEAL No. - 7432 of 2018 Appellant :- Latafat And 5 Ors.
Respondent :- State Of U.P.
Counsel for Appellant :- Mohit Singh,Dileep Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit today is taken on record.
Heard Sri Mohit Singh, 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 28.11.2018 passed by Additional District and Session Judge/FTC-II, Amroha in S.T. No. 242 of 2015 (State vs. Firasat and others) arising out of Case Crime No. 371 of 2014, u/s 147, 148, 149, 323, 308, 504, 506 IPC, P.S. Saidangali, District Amroha.
The submission of learned counsel for the applicants is that there were cross cases and both sides have been challaned; the appellants have been convicted in the present trial however, cross case is still pending before the Magistrate and has not been committed as yet; he further submitted that maximum sentence awarded by the trial court is four years; the appellants were on bail during trial, which liberty never misused, they have no criminal history; it is further submitted that prima facie taking into account the injures of all four injured from the prosecution side, offence would not travel beyond the purview of section 325 IPC. 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 Latafat, Israr, Saddam, Arman, Dilshad and Risalat 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. List in due course for hearing.
Order Date :- 19.12.2018 Dhirendra/