Allahabad High Court
Chiranji Lal And Others vs State Of U.P. on 23 June, 2010
Author: Raj Mani Chauhan
Bench: Raj Mani Chauhan
Court No. 20
Criminal Appeal No. 1747 of 2010
Chiranji Lal & Others ......... Appellants
Versus
The State of U.P. ........ Opposite Party
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the appellants on the point of admission and perused the impugned judgment and order.
This criminal appeal has been filed by the accused-appellants against the judgment and order dated 5.6.2010, passed by the learned Special Judge, S.C./S.T. Act, Unnao in Sessions Trial No. 51 of 2000 (crime no. 228/97); State Versus Chiranji Lal & Others under Sections 308/323/504/506 IPC and 3 (2) (5) S.C./S.T. Act, Police Station Hasanganj, District Unnao, whereby the learned Special Judge has held the accused-appellants guilty under Sections 323/34, 504 and has convicted and sentenced each of them to undergo different terms of rigorous imprisonment. The maximum sentence awarded is of six months under Section 504 IPC.
Admit.
Heard learned counsel for the appellants, learned A.G.A on the prayer for bail and perused the judgment and order of the trial court.
Learned counsel for the accused appellant submitted that the maximum sentence awarded by the trial court to the accused-appellants is six months and they were on bail during trial and they did not mis-use the liberty of bail granted to them during the trial. They are on interim bail granted by the Trial Court. They, therefore, deserve to be released on bail during pendency of appeal.
Learned A.G.A. opposed the prayer for bail.
Considered the submissions of the learned counsel for the appellants and learned A.G.A. Keeping in view the totality of the facts and circumstance of the case as well as the fact that the accused was on bail during the trial and they did not misuse the liberty of bail granted to them and they are on interim bail granted by the Trial Court, therefore, without prejudice to the merits of the appeal, the accused-appellants Chiranji Lal, Pyare Lal and Chandi may be released on bail during the pendency of the appeal.
Let the appellants Chiranji Lal, Pyare Lal and Chandi be released on bail in aforesaid Sessions Trial number during pendency of the appeal on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the C.J.M. Concerned.
23.6.2010 Santosh/-