Court No. - 52
Case :- CRIMINAL APPEAL No. - 7578 of 2018 Appellant :- Pappu And 2 Ors.
Respondent :- State Of U.P.
Counsel for Appellant :- Pankaj Srivastava,Neeraj Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard 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 01.11.2018 passed by Additional Session Judge- VII, Kanpur Nagar in S.T. No. 639 f 1998 (CNR no. UPKN01-00031-1989) arising out of Case Crime No. 177A/1996, u/s 147, 148, 149/307, P.s. Gwaltoli, District Kanpur Nagar.
From the prosecution case in brief, on 30.5.1996 at about 8.30pm when the first informant was present along with Sitaram at his village, the appellants along with four others came there; the co-accused Mahavir armed with axe and others with lathi danda started assaulting the mother of the informant and brother Sunder; it is argued that so far as the appellants are concerned, they are stated to have armed with Lathi and assaulted the injured Sunder and Pyari Devi, however, in the injury report of Sunder only one incised wound and on the person of Pyari Devi two incised wound have been noted; no injury of the injured was found by any blunt object, therefore, the case of the appellants is distinguishable from other co-accused; the appellants were on bail during trial, which liberty never misused; the participation of the appellants in the present incident apparently appears to be doubtful. 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 Pappu s/o Ramavtar, Pappu s/o Roopan and Rajjan 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 50% fine out of total fine awarded by the court below under the impugned judgement shall be deposited by the applicants-appellants before their release on bail and rest fine shall remain stayed. List in due course for hearing.
Order Date :- 20.12.2018 Dhirendra/