Shivendra and three Others 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 17.12.2009.

At this stage, learned counsel for the appellants is pressing the prayer for bail of appellants No. 2, 3 and 4, namely, Survendra, Satendra and Prem Singh. He does not want to press the prayer of bail of accused appellant No.1 Shivendra.

This appeal has been filed by the appellants against the judgment and order dated 17.12.2009 passed by the Additional Sessions Judge/F.T.C. No.4, Hardoi in Sessions Trial No. 521 of 2006 (Crime No. 281 of 2005): State Vs Shivendra and others, under Sections 323, 324, 325, 308, 504 I.P.C., Police Station Sandi, District Hardoi whereby learned Additional Sessions Judge held the accused guilty under Sections 323, 324, 325 I.P.C., consequently, he has convicted and sentenced each of accused to undergo different terms of imprisonment and to pay fine with default stipulation. The maximum sentence awarded by the trial court is of three years under Section 325 I.P.C. Admit. Summon the lower court record for hearing on the prayer of bail of appellant No. 1 Shivendra.

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

The submission of learned counsel for the appellants is that the accused appellants No. 2 to 4 were armed with lathi at the time of occurrence but no lathi injury was found on the sole injured Matru alias Vijay Pratap. Therefore, involvement of accused appellants No. 2 to 4 prima facie appears to be false.

Learned counsel for the appellants contends that there were cross cases between the parties. Unfortunately, cross case was not decided by the learned Additional Sessions Judge along with the present case. The accused appellants were on bail during trial and they did not misuse the liberty of bail. 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 role assigned to the present accused appellants, namely, Survendra, Satendra and Prem Singh in the alleged occurrence, without expressing any opinion on the merits of the appeal, accused appellants Survendra, Satendra and Prem Singh may be released on bail.

Let accusedappellants 2, 3 and 4 (Survendra, Satendra and Prem 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.

Realization of the fine shall remain stayed provided the appellants No. 2 to 4 (Survendra, Satendra and Prem Singh), deposit Rs. 4000/ each within one month from the date of their release, failing which this order of bail shall stand cancelled.

The prayer of bail of accused appellant No.1 Shivendra will be considered at later stage.

List after the trial courts record is received.