Court No. - 52
Case :- CRIMINAL APPEAL No. - 7590 of 2018 Appellant :- Pramesh And Another Respondent :- State Of U.P.
Counsel for Appellant :- Mohd. Aslam 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 3.12.2018 passed by Additional District and Session Judge, Deoband, Saharanpur in S.T. No. 394 of 2012 arising out of Case Crime No. 304/34 and 323/34 IPC, P.S. Deoband, District Saharanpur.
As per the prosecution case in brief, on 13.3.2012 at about 3.30 pm the co- accused Sanjay was hurling abuses, when it was objected by the first informant, the co-accused Sanjay picked up danda and gave a blow on the head of handicapped brother of the informant Monu. Thereafter the appellants also reached there armed with Lathi and assaulted the first informant and his brother; the submission is that the deceased has sustained solitary head injury which proved fatal and so far as the first informant Sunesh is concerned only one lacerated wound measuring 1.5 X 0.5 cm muscle deep was found on the index finger; it is contended that case of the appellants stands on different footing with that of co-accused Sanjay; the appellants were on bail during trial, which liberty never misused. 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 Pramesh and Sukkar 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 fine awarded by the court below under the impugned judgement shall be deposited by the applicants-appellants before their release on bail; the compensation as awarded by the trial court shall be paid to the victim. List in due course for hearing.
Order Date :- 20.12.2018 Dhirendra/