Counter affidavits filed by learned A.G.A. are taken on record.
Heard learned counsel for the appellants-applicants and learned A.G.A. for the State on bail application. Perused the record.
By a common judgement dated 25.10.2018 passed by learned Additional Sessions Judge-Ist, Mau, the accused-appellants have been convicted and sentenced in S.T. No. 273 of 2008, arising out of Case Crime No. 209 of 2005, P.S. Dakshin Tola, District Mau, for the offence under section 308 IPC, for three years rigorous imprisonment and fine of Rs.15,000/- and in default of payment of fine, additional two months rigorous imprisonment.
Submission of learned counsel for the accused-appellants is that initially the accused-appellants were released on interim bail by the learned trial court and subsequently by order of this Court they surrendered before the trial court and since then they are in jail. Further submission is that the sentence awarded to the accused-appellants is against the weight of evidence available on record as the court below has not correctly appreciated the evidence. Further submission is that accused-appellants undertakes that they will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer of bail and submitted that learned trial court has rightly convicted and sentenced the accused appellants after appreciating evidence on record.
Considering the facts and circumstances of the case and that there is no chance of early hearing of this appeal, without expressing any opinion on merits of the case, I find it to be a case for bail during pendency of appeal.
Let the appellants-Subedar Dusadh, Bechan Dusadh, Prem Chand Sharma and Lautan Dusadh convicted in Sessions Trial No. 273 of 2008, arising out of Case Crime No. 209 of 2005, under Sections 308 IPC, P.S. Dakshin Tola, District May, be released on bail during pendency of appeal on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned.
So far as sentence of fine is concerned, on depositing 50% of fine, the remaining fine shall remain stayed during pendency of appeal. 50% fine shall be deposited within a month from receipt of this order.
As soon as personal bond and sureties are furnished, after keeping photostat copies of the same, original copies are directed to be transmitted to this Court forthwith from the trial court.
List the appeal for hearing in due course.
Order Date :- 30.4.2019 RCT/-