Court No. - 26 Case :- CRIMINAL APPEAL No. - 2398 of 2007 Petitioner :- Ram Kumar Respondent :- State Of U.P. Petitioner Counsel :- Anurag Tripathi Respondent Counsel :- Govt.Advocate Hon'ble Dharam Veer Sharma,J.
Heard learned counsel for the appellant, learned A.G.A and perused the
record.
The instant criminal appeal has been preferred against the judgment and order
dated 24.08.2007 passed by the Additional Sessions Judge/F.T.C.Court No.9,
Pratapgarh in S.T.No.171/95 (State of U.P. Versus Ram Kumar) arising out of
Case Crime No.200 of 1992 u/s.376 IPC, P.S.Hathigawan, district
Pratapgarh.
It has been urged on behalf of the appellant that the appellant was convicted
for 7 years out of which he has served out 3 years sentence which is
substantial period. Earlier also he has not misused the bail. The prosecutrix
was major at the time of commission of offence and was consenting party. It
is further submitted that it will take long time to conclude the appeal and the
appellant cannot be detained in jail for indefinite period. It is not a case of
misuse of bail.
Considering the totality of the circumstances, during the pendency of this
appeal the execution of sentence passed against the appellant is suspended.
Let the appellant Ram Kumar be released on bail during the pendency of
appeal on his furnishing a personal bond of Rs.70,000/- and two sureties each
in the like amount to the satisfaction of Court/C.J.M.concerned.
Order Date :- 30.7.2010
Irfan