Research › Search › Judgment

Allahabad High Court · body

2013 DIGILAW 956 (ALL)

Hoti Singh and Others v. State of U. P.

2013-03-22

RAMESH SINHA

body2013
Hon'ble Ramesh Sinha,J.:— Heard Sri V.S. Rajpoot, learned counsel for the appellant and learned A.G.A. for the State. This criminal appeal has been filed against the judgment and order dated 23.2.2013 passed by Additional Session Judge Anupshahar, Bulandshahar in S.T. No. 1117 of 2009 (State vs. Hoti Singh) arising out of Case Crime No. 85 of 2009 under Sections 323/34, 325/34, 308/34, 504, 506 I.P0.C., police station Debai, District Bulandshahar, convicting the appellants under Sections 323/34 I.P.C. to undergo simple imprisonment of six months and under Section 325/34 I.P.C. for 3 years rigorous imprisonment and fine of Rs. 2,000/- each and in default of payment of fine to go further 6 months additional imprisonment under Section 308/34 I.P.C. for 3 years R.I. and a fine of Rs. 2,000/- each an in default 6 months additional R.I. under Section 504 I.P.C. for one year simple imprisonment each and under Section 506 I.P.C. for two years R.I. Admit. Issue notice. Summon the lower court record within six weeks. It has been contended by the learned counsel for the appellants that the maximum sentence awarded to the appellants is three years R.I. The appellants were on bail during trial and never misused their liberty. The appellants have been granted interim bail after their conviction by the trial court. The appeal is also not likely to come up for final hearing in near future. Learned A.G.A. opposed the prayer for bail. Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, I am of the opinion that the appellant is entitled to be released on bail. Let the appellants Hoti Singh, Beeri Singh, Ramji Lal and Munesh convicted and sentenced in the aforesaid case, 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. It is further directed that the appellants shall deposit a sum of Rs. 10,000/- in equal proportionate within one month from today in the court concerned. In case, the appellants fail to deposit the amount as ordered above within the aforesaid period, the bail granted to them shall automatically stands cancelled and they shall be taken into custody to serve out the sentence as awarded by the court below. _____________