The court granted bail to the appellants during the pendency of their criminal appeal. A stay was imposed on the recovery of half of the fine awarded.
Appellants released on bail with personal bond and two sureties each; recovery of half the fine stayed.
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Court No. - 45
Case :- CRIMINAL APPEAL No. - 4220 of 2019
Appellant :- Lala Nai @ Ravi Kumar Respondent :- State Of U.P. And Another Counsel for Appellant :- Raj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the appellants, learned Additional Government Advocate for the State-respondent and perused the record.
In this appeal the maximum sentence awarded by the court's below is seven years with default stipulation.
The appellant Lala Nai @ Ravi Kumar and Amit Kumar Nai have preferred this criminal appeal against the judgement and order dated 31.5.2019 passed by Special Judge S.C./S.T. ( P.A.) Act Chitrakoot in S.T. No. 160 of 2017 arising out of case crime no. 57 of 2017, under sections 323/34, 504, 506 I.P.C. and section 3(1) 10 of S.C./S.T. Act, Police Station Kotwali Karvi, District Chitrakoot.
Learned counsel for the appellants submits that the impugned judgement and order of the court's below is illegal and perverse. The court's below has not appreciated the evidence on record in proper perspective. It is further submitted that the appellant was on bail during the course of trial and did not misuse the liberty of bail. The appellant has no previous criminal history and is in jail since 31.5.2019.
On behalf of the State, bail has been opposed.
Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides, taking into consideration the fact that the appeal is not likely to be heard in near future, I find it a fit case for bail.
Let the appellants, Lala Nai @ Ravi Kumar and Amit Kumar Na i convicted and sentenced in S.T. No. 160 of 2017 arising out of case crime no. 57 of 2017, under sections 323/34, 504, 506 I.P.C. and section 3(1) 10 of S.C./S.T. Act, Police Station Kotwali Karvi, District
Chitrakoot, be released on bail during the pendency of the appeal on thier furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.
Until further orders, the realization of half of the fine awarded to the appellants shall also remain stayed.
Order Date :- 17.6.2019 N.A.
1 issue framed by the court
Whether the appellants are entitled to bail during the pendency of the criminal appeal.
Lala Nai @ Ravi Kumar
Amit Kumar Nai
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
