Court No. - 67
Case :- CRIMINAL APPEAL No. - 6505 of 2019 Appellant :- Prakash Lodhi And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Jai Singh Parihar Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. (Order on bail application)
Heard learned counsel for the appellants as well as learned A.G.A. for the State and also perused the record.
This appeal is preferred against the impugned judgment and order dated 24.09.2019 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act, 1989/Additional District and Sessions Judge, Lalitpur in S.S.T. No.21 of 2014 (State vs. Prakash Lodhi and others) arising out of Case Crime No.75 of 2013, Police Station-Jakhaura, District-Lalitpur, convicting and sentencing each of the appellants under Section 323 read with Section 34 I.P.C. for six months imprisonment, under Section 504 I.P.C. for one year imprisonment, under Section 506 I.P.C. for four years imprisonment and a fine of Rs.3000/- and in case of default in payment of fine, three months additional imprisonment was awarded to the appellants.
It has been submitted by learned counsel for the appellants that the appellants were on bail during the course of trial which was never misused by them. Further submission is that maximum period of sentence awarded to the appellants is four years and the appellants are in jail since 24.9.2019. There is no likelihood of this appeal to be heard at an early date or in near future in the wake of heavy pendency of cases in the court.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone and the unlikelihood of early conclusion of appeal, this Court is of the view that the appellants may be enlarged on bail.
Let the appellants-Prakash Lodhi, Ramesh Lodhi, Kallu Lodhi and Kanti Lodhi, convicted and sentenced in S.S.T. No.21 of 2014 (State vs. Prakash Lodhi and others), arising out of Case Crime No.75 of 2013, u/s 323/34, 504, 506 I.P.C. and Section 3(1)X of SC/ST Act, P.S.-Jakhaura, District-Lalitpur be released on bail on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record of this appeal.
100% of the fine awarded by the Court below under the impugned judgment shall be deposited by the appellants within a month from their release on bail.
(Order on Appeal) List this appeal in due course.
Order Date :- 17.12.2019 M. Kumar