Surajpal and Others 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 13.4.2011, passed by Additional Sessions Judge, Court No. 5, Budaun in Session Trial No. 580 of 2007 State v. Surajpal and Ors., arising out of Case Crime No. 941 of 2005, under Sections 325/34, 323/34 IPC, P.S. Gunnaur, District Budaun, convicting and sentencing the Appellants, u/s 325/34 IPC for one year rigorous imprisonment with a fine of Rs. 1,000/- each, and u/s 323/34 IPC for six months imprisonment with a fine of Rs. 500/- each, with default stipulation.

It is contended by the learned Counsel for the Appellants that general role of assaulting with bricks has been attributed to all the Appellants and no specific role has been attributed to them. The Appellants have been awarded maximum sentence of one year rigorous imprisonment u/s 325/23 IPC and in other offence they have been convicted for lesser sentence. The Appellants were on bail during the trial and they had never misuse the liberty of bail. 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. 13.4.2011. 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 is allowed.

Let the Appellants, Surajpal, Harish Chand and Soran Singh, sentenced and convicted in Session Trial No. 580 of 2007 State v. Surajpal and Ors., arising out of case crime No. 941 of 2005, under Sections 325/34, 323/34 IPC, P.S. Gunnaur, District Budaun, 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.