Court No. - 67
Case :- CRIMINAL APPEAL No. - 7769 of 2019 Appellant :- Ram Lal And 3 Ors. Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Dev Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned AGA for the State By means of the present appeal the applicants are assailing the validity of the judgment and order dated 25.11.2019 passed by learned Special Judge, SC/ST (PA) Act, Chitrakoot in S.T. No. 113 of 2014 arising out of case crime no. 247 of 2014 convicted and sentenced the appellants/applicants one year R.I. and a fine of Rs. 1,000/- each under Section 323 IPC and in default of payment of fine ten days additional imprisonment each, under Section 504 IPC two years R.I. and a fine of Rs. 2000/-each and in default of payment of fine 15 days additional imprisonment each, under Section 3(1)(10) SC/ST Act three years R.I. and a fine of Rs. 3000/- each and in default of payment of fine one month additional imprisonment have been awarded to the applicants/appellants. All the sentences will directed to run concurrently.
Admit.
Issue notice to opposite party no.2 returnable at an early date. Summon the lower court record.
Submission made by the counsel for the appellants that the appellants were on interim bail, the bail order is annexed as Annexure-1 to the affidavit in support of bail application.
Per contra learned AGA opposed the prayer for bail and submitted that there is sufficient evidence against the appellants so they should not be entitled to be enlarged on bail.
After having heard the submissions made by learned counsel for the parties and keeping in view the gravity of offence and sentence awarded and more particularly appellants on interim bail by the Sessions Judge himself, I find that the appellants are entitled to be enlarged on bail.
Keeping in view the entire facts and circumstances of the case and submission of the learned counsel for the appellant and the learned AGA, the appellants-Ram Lal, Billu @ Virendra Singh, Chhedi Lal and Hansa @ Hemraj be released on bail in all the offences he has been convicted and sentenced, in the aforesaid Sessions Trial, during the pendency of the appeal, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Learned counsel for the appellants submitted that the appellants have already deposited the entire amount of fine, therefore no need to deposit the fine amount.
On acceptance of bail bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on record of this appeal.
List this appeal for hearing in due course.
Order Date :- 17.12.2019 Abhishek Sri.