Awadhraj Singh and Another vs State of U.P.

Raj Mani Chauhan, J.—Heard learned Counsel for appellants on the point of admission and perused the impugned judgment and order.

The appellants-Awadhraj Singh and Beerendra Bahadur Singh have filed this Criminal Appeal against the judgment and order dated 30.7.2010 passed by the learned Additional Sessions Judge/F.T.C.-IIIrd, Raebareli in Sessions Trial No. 482 of 2001 (Crime No. 155 of 1998, under Sections 323/34, 504, 506 IPC and 3(i)(x) SC/ST Act, P.S. Harchandpur, District Raebareli); State v. Awadhraj Singh and Ors. whereby the learned Additional Sessions Judge has held the accused-appellants guilty u/s 323, 504, 506 IPC and 3(i)(x) of SC/ST Act and sentenced him to undergo different terms of simple imprisonment and to pay fine along with default stipulation thereof. The maximum sentence awarded by the Trial Court is six months u/s 3(i)(x) of SC/ST Act with default stipulation.

The appeal involves the arguable point of law.

Admit.

Heard learned Counsel for the appellants and learned A.G.A. for the State on the prayer of bail application and perused the impugned judgment and order.

The submission of learned Counsel for the appellants is that the maximum sentence awarded by the Trial Court is six months u/s 3(i)(x) of SC/ST Act. The appellants were on bail during the trial and they did not misuse the liberty of bail granted to them. They are still on interim bail. Therefore, they deserve to be released on bail during the pendency of the appeal.

Learned A.G.A. opposed the prayer of bail.

Considered the submissions of learned Counsel for the appellants and learned A.G.A. for the State. Keeping in view the facts of the case as well as the fact that the appellants were on bail during the trial and they did not misuse the liberty of bail granted to them and they are still on interim bail. Therefore, without prejudice to the merit of appeal, the appellants may be released on bail during the pendency of appeal.

Let the appellants-Awadhraj Singh and Beerendra Bahadur Singh be released on bail in the aforesaid sessions trial number subject to their furnishing personal bond with two sureties each in the like amount the satisfaction of the Chief Judicial Magistrate, Raebareli.

However, the fine is not stayed. The appellants are directed to deposit the amount of fine within a period of 30 days from the date of their release, failing which this order of bail stands cancelled.