Allahabad High Court
Kaushal Kumar Yadav & Others vs State Of U.P. on 22 January, 2010
Author: Vinod Prasad
Bench: Vinod Prasad
Court No. - 43 Case :- CRIMINAL APPEAL No. - 2598 of 2009 Petitioner :- Kaushal Kumar Yadav & Others Respondent :- State Of U.P. Petitioner Counsel :- Rakesh Bhatt,Anil Raghav Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellants and the learned A.G.A.
The appellants have been convicted in S.T. No. 166/2004 (State Vs. Kaushal Kumar Yadav and others) vide orders dated 17.4.2009, 18.4.2009 and 21.4.2009 passed by Additional Sessions Judge, F.T.C.-Ist, Ballia for offences under sections 147, 148, 323/149, 324/149, 308/149 I.P.C. and the maximum sentence awarded to them is 5 years RI. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently. It is contended by learned counsel for the appellants that the recorded conviction under Section 308 I.P.C. is bad in law and the offence in any view will not travel beyond the scope of Sections 324, 325 I.P.C. He further contended that the appellants are in jail since April, 2007 and the appeal is not likely to be heard in near future.
Learned AGA however endeavoured to support the judgment and refuted the arguments. Looking to the period of detention and the fact that the appeal is not likely to be heard in near future, I consider it appropriate to release the appellants on bail.
Let the appellants Kaushal Kumar Yadav, Shreepati Yadav, Bali Yadav, Bhagwan Yadav, Ganga Sagar Yadav and Akshay Yadav be enlarged on bail on their furnishing a personal bond of Rs. 1 lac with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above sessions trial for above offence. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.
The appellants are allowed one month time to deposit half of the amount of fine awarded to them. Rest half of the amount of fine shall remain stayed during the pendency of this appeal in this court.
Order Date :- 22.1.2010 AKG/-