Heard learned counsel for the appellant and the learned A.G.A. for the State of U.P.
This appeal has been filed under Section 374(2) Cr.P.C. against the judgment and order dated 19.5.2014 passed by Special Judge (E.C. Act)/Additional Session Judge, Gonda In S.T. No. 232 of 2012, arising out of Case Crime No. 325 of 2009, whereby the appellant has been convicted along with other accused persons under Sections 307/34, 323/34 I.P.C and acquitted under Section 504, 506 I.P.C. and punished under Section 307/34 I.P.C. for 7 years rigorous imprisonment and fine of Rs. 5000/-, in default, he has also been awarded further three months additional imprisonment and under section 323/34 I.P.C. for six months imprisonment. Both the sentences have been made to run concurrently.
Learned counsel for the appellant submits that the learned trial has not appreciated the evidence available on record and impugned judgment contains manifest errors of law due to that it is not sustainable in the eye of law.
Above submission was opposed by the learned A.G.A.
Considering the above submissions advanced by the learned counsel for the parties and facts and circumstances of the case, I am of the view that the matter requires re-consideration by this Court.
Admit.
Learned A.G.A. has put in appearance to represent the State, therefore, there is no need to issue notice.
It is submitted by learned counsel for the appellant that the co-accused have filed appeal no. 763 of 2014.
Connect this appeal along with criminal appeal no. 763 of 2014.
List in the 4th week of September, 2014. Meanwhile the lower court record be summoned within a period of six weeks from today through District Judge, Gonda.
Order Date :- 12.6.2014 Monika Court No. - 17 Criminal Misc. Application No. 54134 (B) of 2014 in Case :- CRIMINAL APPEAL No. - 766 of 2014 Appellant :- Ram Ji Misra Respondent :- State Of U.P.
Counsel for Appellant :- Angrej Nath Shukla Counsel for Respondent :- Govt. Advocate Hon'ble Shashi Kant,J.
Heard learned counsel for the appellants/applicants and the learned A.G.A. representing the State of U.P.
Learned counsel for the applicant/appellant submits that the appellant/applicant is on interim bail till today. He was on bail during trial and they have not misused the bail. The appellant has been convicted under Section 307/34 I.P.C. for 7 years rigorous imprisonment and fine of Rs.5000/-,in default, he has also been awarded further three months additional imprisonment and under section 323/34 I.P.C. for six months imprisonment, both the sentences have been made to run concurrently. Learned counsel for the applicant submits that impugned judgment and order is bad in the eye of law because the learned trial court has not properly appreciated the evidence available on record.
Learned A.G.A. has opposed the prayer for bail by submitting that the conduct of the accused applicant is not good.
Considering the rival submissions made by the learned counsel for the parties and facts and circumstances of the case, I am of the view that this is a fit case for grant of bail.
Let the applicant Ram Ji Misra be released on bail in Sessions Trial No. 232 of 2012, involved in Case Crime No. 325 of 2009, under Sections 307, 323, 504, 506 I.P.C., P.S. Colonelganj, District Gonda during the pendency of the appeal on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to the following conditions:-
(i) The applicant will not misuse the liberty of bail.
(ii) The applicant will fully co-operate in expeditious hearing of this appeal.
However, the fine is not stayed and the 50 per cent of the same may be deposited by the appellant, if not already deposited, within15 days from the date of release, failing which this order of bail automatically stands cancelled.
Order Date :- 12.6.2014/Monika