Court No. - 50
Case :- CRIMINAL APPEAL No. - 3995 of 2018 Appellant :- Subedar And 5 Others Respondent :- State Of U.P.
Counsel for Appellant :- Sanjay Singh Counsel for Respondent :- G.A.,Rahul Saxena
Hon'ble Harsh Kumar,J.
Admit.
Summon the lower Court record.
Issue notice to opposite party. Notice need not be set to learned A.G.A. as he has already received the same. List after receipt of record.
Order Date :- 27.7.2018 S. Thakur
Court No. - 50
Case :- CRIMINAL APPEAL No. - 3995 of 2018 Appellant :- Subedar And 5 Others Respondent :- State Of U.P.
Counsel for Appellant :- Sanjay Singh Counsel for Respondent :- G.A.,Rahul Saxena
Hon'ble Harsh Kumar,J.
Re: Criminal Misc. Bail Application No. 1 of 2018
Vakalatnama filed by Sri Rahul Saxena, Advocate appearing for the appellants is taken on record.
Heard Sri Rahul Saxena, learned counsel for the applicants- appellants learned AGA for the State and perused the record.
Learned counsel for the applicants-appellants submits that applicants-appellants have been falsely implicated and have been wrongly convicted for the offences under Sections 147, 323/149, 352, 506 I.P.C. and 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act; that the applicants-appellants have been sentenced with maximum imprisonment for two years and fine under various sections; that the applicants-appellants were on bail during trial and have also been released on interim bail vide order dated 30.06.2018 passed by trial Court, a copy of which has been filed as Annexure-1 and they may be permitted to continue on bail during the pendency of appeal; that the entire prosecution story is absolutely false and incorrect; that there are material contradictions in prosecution evidence; that the trial court has acted wrongly and illegally in convicting the accused-appellants and they have every hope of success in appeal; that there is no likelihood of appeal to be heard in near future due to huge pendency of appeals before the court; that the applicants- appellants have no criminal history; that the applicants- appellants undertake that they will not misuse the liberty of bail and shall remain present before the Court as and when required and they will cooperate with the hearing of appeal for which their counsel will remain present on the dates of listing.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicants-appellants have been rightly convicted for the offences; that there is sufficient evidence of offences on record against the applicants-appellants.
Considering the unlikelihood of early hearing of appeal, complicity of convicts and sentence as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for grant of bail during pendency of the appeal.
Let the applicants-appellants Subedar, Suleman, Jamaluddin, Babu Bux, Nanhe Bux and Siyaram be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned in S.T. No. 227 of 2016 (State Vs. Subedar and others) arising out of Case Crime No. 417 of 2015, under sections 147, 323/149, 352, 506 I.P.C. and Section 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Diyoriya Kalan, District- Pilibhit and subject to deposit of entire amount of fine imposed on them and undertaking that applicants- appellants will cooperate with the hearing of the appeal.
As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
However, if appellants moves application, they may be provided copy of order today itself.
Order Date :- 27.7.2018 S. Thakur