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2011 DIGILAW 1438 (ALL)

Haroon and Others v. State of U. P.

2011-06-21

BALA KRISHNA NARAYANA

body2011
Bala Krishna Narayana, J. Heard learned counsel for the appellants and learned A.G.A. 2. The present criminal appeal has been filed against the Judgment and order dated 09.06.2011 passed by learned Additional Session Judge, Court No.9, District Muzaffarnagar in Sessions Trial No. 742 of 2007, and convicting the appellants, under Sections 452, 307, 325, 324, 323, 504 and 506 IPC and sentencing them to undergo rigorous imprisonment and fine and in default in payment of fine to further to undergo for simple imprisonment. 3. Learned counsel for the appellants contended that the injuries allegedly sustained by the injured persons are simply in nature and do not travel beyond the scope and ambit of section 323 and 324 IPC and hence the appellants' conviction under section 308 IPC is bad in law. He further submitted that the court below has totally failed to take note and draw adverse inference against the prosecution from the contradiction in the statements of the prosecution witnesses with regard to the manner in which the occurrence had taken place. 4. It is further contended that the appellants were on bail during the pendency of the trial and they have not misused the liberty of bail during trial and since this appeal is not likely to be heard in near future hence, they are entitled to be released on bail. 5. Learned A.G.A. opposed the prayer for bail. 6. Admit. 7. Summon the lower Court records. 8. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, let the appellants Haroon, Shah Jamal, Masood and Iliyas, be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned in Sessions Trial No. 742 of 2007, under Sections 452, 307, 325, 324, 323, 504 and 506 IPC, Police Station Kandhala, District Muzaffarnagar. As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial Judge concerned to be kept on record of this Appeal. 9. Realization of fine, to the extent of 50% shall remain stayed and remaning 50% of the amount of fine shall be deposited by the appellants within 15 days from the date of their released before the court below. 9. Realization of fine, to the extent of 50% shall remain stayed and remaning 50% of the amount of fine shall be deposited by the appellants within 15 days from the date of their released before the court below. In case, the 50% of the amount is not deposited, then the bail granted to the appellants shall automatically deemed cancelled.