Connect this criminal appeal with criminal appeal No. 118 of 2010. Learned counsel for the accused appellant in Criminal Appeal No. 117 of 2010 requests for and is permitted to make correction in the memo of criminal appeal.
Heard learned counsel for the appellants, learned A.G.A on the point of admission of criminal appeals and perused the judgment and order of the trial court.
Both the criminal appeals have been filed by the accused appellants, as mentioned above, against the same impugned judgment and order dated 17.12.2009, passed by the learned Additional Sessions Judge,/ FTC- II, Bahraich. Therefore, common order in both the appeals on the point of admission and prayer of bail of the accused appellants is being passed.
This criminal appeal has been filed by the accused appellants against the judgment and order dated 17.12.2009 passed by the learned Additional Sessions Judge/FTC-II, Bahraich in Sessions Trial No. 78 of 2001 and Sessions Trial No. 178 of 2001, (Case Crime No. 213 of 199); State Vs. Musey alias Munshi and others, under Sections 147, 148, 149, 307, 308, 324, 506 I.P.C., Police Station Khairighat, District Bahraich whereby he has held the accused-appellants guilty under Sections 148, 323/149, 324/149 I.P.C., consequently, he has convicted and sentenced them to undergo different terms of imprisonment. The maximum sentence awarded by the trial court is of two years under Sections 148 and 324/149 I.P.C respectively.
Admit.
Heard learned counsel for the accused appellants and learned A.G.A. on the prayer for bail of the accused appellants.
The submission of the learned counsel for the accused appellants is that the maximum sentence awarded by the trial court is of two years under Sections 148 and 324/149 I.P.C. respectively. The accused appellants were on bail during trial and they did not misuse the liberty of bail granted to them. They are still on interim bail granted by the trial court. Therefore, they also deserve to be released on bail during pendency of the appeal.
Learned A.G.A. opposed the prayer for bail.
Considered the submissions of the learned counsel for the appellants and the learned Additional Government Advocate. Keeping in view the sentence awarded by the trial court to the accused appellants, without expressing any opinion on the merits of the case, the accused-appellants may be released on bail.
Let appellants Musey alias Munshi, Munni Lal, Sohan Lal, Mangare, Moti, Jawahir, Taluk and Kallu be released on bail in aforesaid Sessions trial number during pendency of the appeals on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
21.01.2010 Renu/-