Ramdas and Others vs State of U.P.

Hon''ble Shri Kant Tripathi, J.—Counter affidavit filed on behalf of the State is taken on record.

Heard the learned counsel for the appellants and the learned A.G.A. for the State and perused the judgment and order dated 01.03.2011 passed by the learned Additional Sessions Judge/Fast Track Court No. 3, Basti in S.T. No. 227 of 1999 (State Vs. Ramdas and others).

The learned counsel for the appellants submitted that one person died and two persons sustained injuries from the accused side. One person died and one person sustained injuries from the complainant side. In the cross case too a judgment of conviction has been recorded. The question of aggressorship is involved in the present matter. Learned counsel for the appellants lastly submitted that the appellants were on bail during the trial and never abused the same and are in jail from the date of conviction. It was next submitted that in case the appellants were not released on bail, the appeal would, in due course, become infructuous as there was no prospect of the appeal being heard in near future due to heavy dockets.

In my opinion, prima facie, the aforesaid submissions of the learned counsel for the applicants have substance, therefore, it is just and expedient to exercise the discretion in favour of the appellant.

Keeping in view the entire facts and circumstances of the case and submission of the learned counsel for the appellants and the learned A.G.A., the appellants Ramdas, Ramkesh and Ghisiyawan, are released on bail in all the offences they have been convicted and sentenced, in the aforesaid sessions trial, during the pendency of the appeal, on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the appellants deposit half of the fine within one month.

On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.

Let the paper books be prepared.

List the appeal for hearing in due course.