Court No. - 43
Case :- CRIMINAL APPEAL No. - 8298 of 2008
Petitioner :- Nawneet Kumar Trivedi @ Popat
Respondent :- State Of U.P.
Petitioner Counsel :- Mohd. Arif
Respondent Counsel :- Govt. Advocate
Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A. The objection
filed today by the learned AGA is taken on record.
The appellant has been convicted in S.T. No. 68 of 2006, vide order dated
5.11.2008, passed by the Additional Sessions Judge, Fast Track Court No.2,
Ballia for offences under section 307 I.P.C. and the maximum sentence
awarded to him is 10 years RI. The rest of the sentences are lesser sentences
and all the sentences have been ordered to run concurrently.
It is contended by learned counsel for the appellant that even though it is a
case of use of explosive substance in the commission of the crime, but no
charge under the Explosive Substance Act was framed against the appellant.
The recorded conviction under section 307 IPC cannot be sustained at all
and ,the appellant is in jail since 5.11.2008.
Learned AGA however endeavoured to support the judgment and refuted the
arguments.
Looking to the period of detention and the fact that the appeal is not likely to
be heard in near future, I consider it appropriate to release the appellant on
bail.
Let the appellant Nawneet Kumar Trivedi @ Popat be enlarged on bail on the
following conditions
1. That the applicant will report to the police station concerned once in a
month at date and time to be fixed by Officer Incharge of the police station
concerned.
2. That the applicant will not indulge in any case whatsoever.
In the event of default of any of the two conditions imposed herein above, the
informant is free to move a bail cancellation application.
The applicant is directed to furnish a personal bond of Rs. 1 lac with two
sureties each in the like amount to the satisfaction of trial Judge concerned in
the above sessions trial for above offence. As soon as personal and surety
bonds are furnished, photocopies of the same are directed to be transmitted to
this Court forthwith by trial Judge concerned to be kept on the record of this
appeal.
Order Date :- 1.2.2010
PKC