Hon'ble Ramesh Sinha,J.:— Heard Sri D.R. Choudhary, 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 18.3.2013 passed by VIth Additional Sessions Judge, Gautam Budh Nagar in Session Trial No. 479 of 2005 (State vs. Vijay & 7 others) arising out of Case Crime No. 198-A of 2004 under Sections 147, 148, 149, 307 & 506 I.P.C., police station Jevar, District Gautam Budh Nagar convicting the appellants under Section 147 I.P.C. and sententing them for one year simple imprisonment and further convicting the appellants under Section 148 I.P.C. and sentencing them for one year simple imprisonment and further convicting the appellants under Section 307 I.P.C. and sentencing them for five years imprisonment and a fine of Rs. 10,000/- each and in default of payment of fine six months further imprisonment and further convicting the appellants under Section 506 (2) I.P.C. and sentencing them for three years imprisonment and a fine of Rs. 5,000/- each and in default of payment of fine three months further imprisonment. All the sentences are directed to run concurrently. Admit. Issue notice. Summon the lower court record within six weeks. It has been contended by the learned counsel for the appellant that there are cross versions of the incident and in the F.I.R. which was said to have been registered by the appellant, the complainant and his associates have been convicted and sentenced for life imprisonment. The maximum sentence awarded to the appellant is 5 years. Learned A.G.A. opposed the prayer for bail. Connect with Criminal Appeal No. 1326 of 2013. 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 Vijay Atri, Narendra, Yuvraj convicted and sentenced in S.T. No. 479 of 2005 (State vs. Vijay & 7 others) arising out of Case Crime No. 198-A of 2004 under Sections 147, 148, 149, 307 & 506 I.P.C., police station Jevar, District Gautam Budh Nagar, be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned. The appellants shall deposit Rs. 7,500/- in equal proportionate within one month from today.
The appellants shall deposit Rs. 7,500/- in equal proportionate within one month from today. If the appellants deposit the aforesaid amount within the aforesaid period, the realization of rest of the fine awarded to the appellants shall remain stayed. …………………………… _____________