Court No. - 71
Case :- CRIMINAL APPEAL No. - 4002 of 2019 Appellant :- Mahendra Yadav Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Raj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant and learned A.G.A. for the State.
This criminal appeal under Section 14A (1) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellant challenging the order dated 14.5.2019 passed by Sri Dinesh Kumar-I HJS, Special Judge SC/ST (P.A.), Act, Chitrakoot in Session Trial No.47 of 2015, State Vs. Mahendra Yadav, arising out of Case Crime No.1004 of 2014, under Section 363 IPC and 3(1)X of SC/ST (P.A.) Act, Police Station Kotwali Karwi, District Chitrakoot, whereby the appellant was convicted under the aforesaid Sections.
Admit.
Learned A.G.A., has accepted notice on behalf of State/respondent.
As per provision of Section 15 (A) (3) of S.C./S.T. Act, learned A.G.A., shall inform the victim/his dependent about the proceedings of this case.
Summon the lower court record within six weeks. List thereafter.
Learned counsel for the appellant has submitted that the appellant has been convicted below seven years in the aforesaid case crime and has already been granted interim bail by the lower court.
Per contra, learned A.G.A., opposed and submitted that the appellant should not be released on interim bail.
Perused the material available on record. The appellant is on interim bail by the order of the trial court.
Without commenting on the merits of the case, considering the facts and circumstances of the case, this Court find it a fit case for enlarging the appellant on bail during pendency of the appeal. It is ordered accordingly.
As the appellant Mahendra Yadav is already on bail by the order of the trial court, no order for his release is required to be passed by this Court. Accordingly, he is directed to furnish a personal bond and two sureties each in the like amount to the satisfaction of the trial court within a period of 30 days from today in reference to Session Trial No.47 of 2015, State Vs. Mahendra Yadav, arising out of Case Crime No.1004 of 2014, under Section 363 IPC and 3(1)X of SC/ST (P.A.) Act, Police Station Kotwali Karwi, District Chitrakoot.
On acceptance of bail bonds, the lower Court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
Order Date :- 31.5.2019 R./