Court No. - 28 Case :- CRIMINAL APPEAL No. - 1558 of 2010 Petitioner :- Rajesh Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Kumar Veram Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellant and learned AGA and perused the
impugned judgement passed in Sessions Trial No. 1448 of 2009 arising out of
Case Crime No. 686 of 2009 under sections 308/34, 323/34, 504 and
506(Part-II)/34 IPC, P.S. Loni Katra, District Barabanki.
Learned counsel for the appellant submitted that the co-accused Gama and
Subhash have already been enlarged on bail. The injuries sustained by the
injured were simple in nature and not in any way dangerous to life. It was also
submitted that the eye witnesses were not examined during the trial. The
learned counsel further submitted that no offence under section 308 IPC is
made out against the applicant. The maximum sentence against the applicant
and other accused is of five years under sections 308/34 and 506(Part -II)/34
IPC.
Keeping in view the entire facts and circumstances of the case and
submissions of the learned counsel for the appellant and the learned AGA, the
appellant Rajesh is bailed out during the pendency of the appeal in the
aforesaid Sessions Trial on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the
appeal, provided the appellant deposit half of the fine within one month.
On acceptance of bail bonds and personal bonds, the lower court shall
transmit photo state copies thereof to this Court for being kept on the record
of this appeal.
List the appeal for hearing in due course.
Order Date :- 12.7.2010
shailesh