The court recognized the significance of compromise in cases involving non-life-threatening injuries, leading to bail grants and stays on fines pending appeal.

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 19-12-2025 These cases are arising out of the same P.S. Case i.e., Shekhpura P.S. Case No. 19 of 2023; therefore, they are being heard together.

2. Seeing the urgency of the matter and the urgent mentioning of the learned counsel for the petitioner, this case has been notified today for 12:00 PM and is being heard out of turn.

3. The appellants of Cr. Appeal (SJ) No. 2727 of 2025 have been granted bail by a co-ordinate Bench of this Court on

28.07.2025.

4. The Cr. Appeal (SJ) No. 2734 of 2025 has been admitted on 19.08.2025 with an observation that the prayer for suspension of sentence and for grant of bail shall be considered after receipt of the trial court records.

5. Cr. Appeal (SJ) No. 2734 of 2025 has been filed for setting aside the order of conviction dated 19.06.2025 and the order of sentence dated 28.06.2025 passed by the learned Principal District and Sessions Judge, Sheikhpura, in Session Trial No. 14/2014 in CIS No. 1763/2014 arising out of Sheikhpura (Sirari OP) P.S. Case No. 19/2013 dated 20.01.2013 for the offences under Sections 147 , 148, 149, 323, 341, 307 of the IPC. By the said judgment, the appellant has been convicted under Section 307 of the IPC and sentenced to undergo seven years of simple imprisonment with a fine of Rs. 10,000/- (Ten Thousand). In default of payment of fine, they shall further undergo three months simple imprisonment. For the offence under Section 324 of the IPC, the appellant shall undergo imprisonment of one year simple imprisonment with a fine of Rs. 1,000/-, and in default of payment of fine convict shall further undergo one month of simple imprisonment. For the offence under Section 323 of the IPC, the appellant has been sentenced to one year of simple imprisonment; for the offence under Section 504 of the IPC, the appellant has also been sentenced to one year of simple imprisonment. All the sentences have been directed to run concurrently. The appellant pray for stay of realization of the fine during the pendency of the present appeal.

6. While making prayer for bail and suspension of sentence, learned counsel for the appellant has submitted that both the parties have amicably entered into a compromise. He submitted further that the doctor/PW-3 in para-19 of his deposition, has stated that the injuries suffered by the injured were not dangerous to life. Learned counsel has further submitted that the case and counter case both have been compromised.

7. On the other hand, the learned APP for the State has opposed the prayer for bail and suspension of sentence. 8. Considering the above-mentioned facts and circumstances as well as the fact that there is no likelihood of the appeal being taken up for hearing in near future, this Court is inclined to accept the prayer for bail of the appellant. Accordingly, let the sentence of the appellant(s) above-named be suspended and be enlarged on bail during the pendency of the appeal on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principle District and Sessions Judge, Sheikhpura in connection with Sheikhpura (Sirari OP) P.S. Case No. 19 of

2013.

9. During pendency of these appeals, the realization of fine imposed upon the appellant(s) shall remain stayed.

(Sandeep Kumar, J)