Heard learned counsel for the appellants and learned AGA.
Admit.
Summon the lower Court record.
The appellants have been convicted in S.T. No.1365 of 2004 arising out of Case Crime No.473 of 1994, under Sections 308/323/324/325/504 read with Section 34 I.P.C., Police Station-Sarai Inayat, District Allahabad and imposed a fine of Rs.500/- under Section 323/34, Rs.1000/- under Section 324/34, in default of payment of fine, 7 days and 15 days simple imprisonment respectively. The appellants have further been sentenced for one year R.I. under Section 325/34 I.P.C. with fine of Rs.1500/- and in default of payment of fine, one month's simple imprisonment.
It is contended that appellants were on bail during the pendency of the trial and they have not misused the liberty of bail during the trial. It is further submitted that this appeal is not likely to be heard in near future. Learned counsel for the appellants next contended that the appellants are on interim bail.
Learned AGA, however, endeavoured to support the judgment and refuted the arguments.
Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, I consider it appropriate to release the appellants on bail.
Let the Appellants-Ram Chandra alias Chandra Khatik, Rakesh alias Guddu, Smt. Vittan Devi and Santosh Khatik be enlarged on bail on their furnishing a personal bond of Rs. 2 lacs with two sureties each in the like amount to the satisfaction of the trial Judge concerned in the above Sessions Trial for above offence. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial Judge concerned to be kept on the record of this appeal.
Appellants are allowed one month's time to deposit the 50% amount of the fine awarded to them. Realisation of remaining part of fine shall remain stayed till further orders.
Order Date :- 23.12.2010 NS