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Judgment
11 paragraphs · 382 wordsR.M. Chauhan, J.
The learned counsel for the appellants prays for and is permitted to make corrections in the memo of appeal.
Heard learned counsel for the appellants on the point of admission and perused the judgment and order dated 19.12.2009 passed by the trial court.
The accusedappellants, Amanul Haq, Junaid and Kalloo along with coaccused Munna were tried by the by the Additional Sessions Judge/Fast Track CourtIII, Faizabad, in Sessions Trial No.413 of 2008 (Crime No.331 of 2006) State Vs. Amanul Haq and others, under Sections 307/34, 504, 506(2) I.P.C., P.S. Kumarganj, District Faizabad, whereby the learned Additional Sessions Judge has held the each of the accused appellant guilty under Section 307/34 I.P.C. The learned Additional Sessions Judge has convicted and sentenced to each of the accused to undergo seven years rigorous imprisonment and to pay fine of Rs.3000/ each under Section 307/34 I.P.C. with default stipulation.
Admit.
Heard the learned counsel for the appellants, learned A.G.A. on the prayer of bail and perused the judgment and order dated 18.12.2009.
The submission of the learned counsel for the appellants is that the role assigned to accused appellant Amanul Haq is of exhortation. No role has been assigned to accused appellant no.2 Junaid and accusedappellant no.3 Kallu. The main role of firing has been assigned to coaccused Munna. The accusedappellants were on bail during trial. They did not misuse the liberty of bail granted to them. Therefore, they deserve to be released on bail.
The learned A.G.A, opposed the prayer of bail.
Considering the submissions of the learned counsel for the accused appellants and the learned A.G.A. as well as keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the appeal, the accusedappellants may be released on bail.
Let appellants Amanul Haq, Junaid and Kalloo be released on bail in aforesaid Sessions Trial number on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned.
However, the realization of fine is not stayed and the same be deposited by the appellants, if not already deposited, within 30 days from the date of their release, failing which this bail order shall stand cancelled.