Jaypal and Another vs State of U.P.

Naheed Ara Moonis, J.—Heard learned Counsel for the Appellants and learned A.G.A. for the State.

Admit.

Summon the lower Court record.

A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 11.4.2011, passed by VIth Additional Sessions Judge, Gautam Buddha Nagar in Session Trial No. 350 of 2010, State v. Jaypal and Anr., arising out of case crime No. 147 of 2009, under Sections 324 506 IPC, P.S. Jahangirpur, District Gautam Buddha Nagar, convicting and sentencing the Appellants, u/s 324 IPC for two years simple imprisonment with a fine of Rs. 3,000/- each and u/s 506 IPC for two years imprisonment with a fine of Rs. 2,000/- each, with default stipulation.

According to the prosecution case, a first information report was registered under Sections 308, 504, 506 IPC in respect of the incident occurred at about 11:30 am on 22.7.2009, when the complainant''s father was going to take diesel, the Appellant Jaypal has exhorted and thereafter his younger brother Naipal, the Appellant No. 2 had assaulted him with a spade and had used abusive language, the father of the complainant fell down unconscious and the Appellants were escaped from the spot threatening him for dire consequences.

It is contended by the learned Counsel for the Appellants that according to the medical evidence the injuries were found simple in nature except injury No. 6 and 7 for which the X-ray was advised but no fracture was found. There is great inconsistency in the medical evidence with the statements of the complainant and the injured witness. The complainant is not an eye witness of the said incident. The Appellants have been convicted for two years simple imprisonment u/s 324 IPC and no case was found u/s 308 IPC. There is no likelihood of early hearing of the appeal in near future. Now the Appellants are on interim bail after their conviction i.e. 11.4.2011.

Per contra the learned AGA opposed the prayer of bail of the Appellants and supported the judgment of the trial Court. Having considered the submissions made by the learned Counsel for the Appellants as well as the learned AGA and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the prayer for bail of the Appellants is allowed.

Let the Appellants, Jaypal and Naipal, convicted and sentenced in Session Trial No. 350 of 2010, State v. Jaypal and Anr., arising out of case crime No. 147 of 2009, under Sections 324 506 IPC, P.S. Jahangirpur, District Gautam Buddha Nagar, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned. In the event of depositing 50% of the fine, the balance 50% amount shall remain stayed.

However, it is open to the complainant to move an application for cancellation of bail in case the Appellants misuse the liberty of bail.