Shiv Murti Singh and Another vs State of U.P. and others

Raj Mani Chauhan, J.

Heard learned counsel for the appellants, learned A.G.A. on the point of admission of criminal appeal and perused the judgment and order dated 11.11.2009.

This appeal has been filed by the accused appellants against the judgment and order dated 11.11.2009 passed by learned Additional Sessions Judge, F.T.C. No. 7, Pratapgarh in Sessions Trial No. 290 of 2001 (Crime No. 524 of 2000): State Vs Shiv Murti and others, under Sections 323, 504, 506 I.P.C. and Section 3 (1) (10) SC/ST Act, Police Station Kotwali Nagar, District Pratapgarh whereby learned Additional Sessions Judge has held the accused guilty under Sections 323/34 I.P.C. and Section 3 (1) (10) SC/ST, consequently he has convicted and sentenced each of the accused to undergo different terms of imprisonment and to pay fine with default stipulation. The maximum sentence awarded by the trial court is of six months under each of Sections 323/34 I.P.C. and 3 (1) (10) SC/ST Act.

Admit.

Heard learned counsel for the appellants, learned A.G.A on the prayer for bail of the accused appellants.

Learned counsel for the appellants contends that the maximum sentence awarded by the trial court is of six months under each of Sections 323/34 I.P.C. and 3 (1) (10) SC/ST Act. The accusedappellants were on bail during trial and they did not misuse the liberty of bail. They are still on interim bail granted by the trial court to them. Therefore, they deserve to be released on bail.

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

Considered the submissions of the learned counsel for the appellants and the learned Additional Government Advocate. Keeping in view the sentence awarded by the trial court to the accused appellants, without expressing any opinion on the merits of the appeal, appellants may be released on bail.

Let accusedappellants Shiv Murti Singh, Bhullan @ Foolchandra and Babulal Singh be released on bail in aforesaid Sessions Trial number during pendency of the appeal on their furnishing personal bond 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 one month from the date of their release, failing which this order of bail shall stand cancelled.