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Dhananjay Maurya @ Setha vs State Of U.P. And Another on 6 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 71

Case :- CRIMINAL APPEAL No. – 5103 of 2019

Appellant :- Dhananjay Maurya @ Setha

Respondent :- State Of U.P. And Another

Counsel for Appellant :- Vinod Kumar Singh Kushwaha

Counsel for Respondent :- G.A.

Hon’ble Rajiv Gupta,J.

Order on Criminal Appeal

The present criminal appeal has been filed against the order dated 19.7.2019 passed by Special Judge (SC/SectionST Act), Mau in S.T. No. 200 of 2008 (SectionState of U.P. vs. Subhash Singh and another) arising out of Case Crime No. 679 of 2007, whereby appellant has been convicted for the offence under Section 323/Section34 IPC and awarded sentence of six month’s imprisonment, under Section 452 IPC, awarded sentence of two years’ imprisonment with a fine of Rs. 2000/-, under Section 354 IPC, awarded sentence of two years imprisonment with a fine of Rs. 2000/-, under Section 504 IPC, awarded sentence of six months’ imprisonment, under Section 506 IPC, awarded sentence of one year imprisonment and under Section 3 (1) X of SC/SectionST Act, awarded sentence of three years imprisonment with a fine of Rs. 5000/- with default stipulation. All the sentences to run concurrently.

Admit.

Summon the lower court records.

Notice on behalf of State has been accepted by learned AGA.

Issue notice to opposite party no. 2.

List after receipt of record.

Order on Bail Application

Heard learned counsel for appellant, learned A.G.A. for the State and perused the record.

Learned counsel for the appellant has submitted that maximum sentence awarded to the appellant is that of three years and the appellant has already been released on interim bail vide order dated 22.7.2019.

Considering the fact that maximum sentence awarded to the appellant is only for a period of three years and the final disposal of the appeal will take a long time on account of heavy dockets, let appellant- Dhananjay Maurya @ Setha be released on bail in the abovenoted case on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

On acceptance of bail bonds, the court below shall transmit the xerox copies thereof to this Court for being kept on record.

The fine if not deposited, shall be deposited within one month from the date of release.

Order Date :- 6.8.2019

KU

 

 

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