Court No. - 71
Case :- CRIMINAL APPEAL No. - 6060 of 2019 Appellant :- Nauman And 2 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Ziya Uddin Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J. Order on Criminal Appeal
Heard learned counsel for appellants, learned A.G.A. for the State and perused the record.
This criminal appeal has been filed against the order dated 27.08.2019 passed by Addl. Sessions Judge/Special Judge (SC/ST Act), Budaun in S.S.T. No. 28 of 2012 (State Vs. Mushir and others), arising out of Case Crime No. 181 of 2011, P.S. Bisauli, District Badaun, by which the appellants have been convicted for the offence under Section 147 IPC and awarded sentence of one year RI, under Section 323/149 IPC and awarded sentence of one year RI, under Section 336 IPC, awarded sentence of three months RI, under Section 504 IPC, awarded sentence of one year RI and also under Section 3(1)(10) SC/ST Act, awarded sentence of two years RI with a fine of Rs.5,000/- with default stipulations. All the sentences have been directed to run concurrently.
Admit.
Summon the lower court record.
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 27.08.2019.
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 appellants- Nauman, Noor Khan and Tanveer 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, if not deposited, shall be deposited by the appellants within a period of one month from the date of release.
Order Date :- 27.9.2019 Nadim