Court No. - 52
Case :- CRIMINAL APPEAL No. - 6854 of 2018 Appellant :- Ramdeen Yadav Respondent :- State Of U.P.
Counsel for Appellant :- Satya Dheer Singh Jadaun,Vinay Kumar Pal 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 appeal has been filed by applicant-appellant against the judgement and order dated 30.10.2018 passed by Additional Session Judge/FTC-I (New) Chitrakoot in S.T. No. 63 of 2010 (State vs. Premchandra Yadav and another) arising out of Case Crime No. 661 of 2009, u/s 323/34, 308, 504, 506 IPC, P.S. Pahadi, Disrict Chitrakoot.
The submission of learned counsel for the applicant is that according to the prosecution case as narrated in the F.I.R. on 27.5.2009 the appellant and one other obstructed the first informant while he was constructing Chhappar; co-appellant is said to have given lathi blow on the head of the injured, no role has been attributed of causing any injury to the appellant; maximum sentence awarded by the trial court is four years u/s 308/34 IPC; the appellant was 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 applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Ramdeen Yadav convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his 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 50% fine out of total fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail and rest 50% fine shall remain stayed. List in due course for hearing.
Order Date :- 28.11.2018 Dhirendra/