Kamlesh and Others vs State of U.P.

Naheed Ara Moonis, J.—It is submitted by the learned Counsel for the Appellants that the trial court has convicted and sentenced the Appellants No. 1 to 5 under Sections 148, 324/149 IPC, and the Appellants No. 6 to 9 have been released on probation for a period of one year u/s 360 Code of Criminal Procedure, therefore, the prayer for bail of the Appellants No. 1 to 5 has been made at this stage. Heard learned Counsel for the Appellants and the 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 Additional District & Sessions Judge, Court No. 8, Etawah, in Session Trial No. 163 of 2006 State v. Kamlesh and Ors., arising out of case crime No. 48 of 2005, under Sections 148, 324/149 IPC, P.S. Bharthana, District Etawah, convicting and sentencing the Appellants No. 1 to 5, u/s 147 & 148 IPC for one year rigorous imprisonment, and u/s 324/149 IPC for one and half year rigorous imprisonment.

It is contended by the learned Counsel for the Appellants that the Appellants No. 1 to 5 have been convicted for one and half year rigorous imprisonment u/s 324/149 IPC and one year rigorous imprisonment under Sections 147, 148 IPC. The Appellants No. 6 to 9 have been released on probation for a period of one year for showing good conduct. It is further contended that the Appellants No. 1 to 5 are on interim bail after their conviction and the maximum sentence awarded to them is one and half year. The Appellants were on bail during the trial and they had never misused the liberty of bail. There is no likelihood of early hearing of the appeal in near future. In case, they are enlarged on bail, they will not misuse the liberty of bail.

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 No. 1 to 5 is allowed.

Let the Appellants, Kamlesh, Ravindra, Rajesh, Sukhveer and Padam Singh, convicted and sentenced in Session Trial No. 163 of 2006, State v. Kamlesh and Ors., arising out of Case Crime No. 48 of 2005, under Sections 148, 324/149 IPC, P.S. Bharthana, District Etawah, 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.