Court No. - 43 Case :- CRIMINAL APPEAL No. - 423 of 2010 Petitioner :- Vishal @ Sardar & Others Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Kumar Srivastava,Manoj Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellants as well as Sri Vijendra Singh,
learned counsel for the respondent and the learned AGA in opposition.
Admit.
Summon the trial court record.
The appellants have been convicted in Sessions Trial No.277/06 and 147/07,
Case Crime No.1073/2005, under Section 307 IPC, Police Station Chandpur,
District Bijnor and the maximum sentence awarded to them is five years R.I.
The rest of the sentences are lesser sentences and all the sentences have been
ordered t run concurrently.
Learned counsel for the appellants contended that in any view the recorded
conviction under Section 307 IPC is bad in law and the offence will not travel
beyond the scope of Section 324 IPC.
Learned AGA as well as learned counsel for the respondent 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 appellants on
bail.
Let the appellants, namely, Vishal @ Sardar, Rakendra 2 Rinku and Jitendra
@ Jitendra Singh be enlarged on bail on their furnishing a personal bond of
Rs. one lac with two sureties each in the like amount to the satisfaction of trial
Judge cocnerned 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.
The appellants are allowed one month time to deposit half of the amount of
fine awarded to them. Rest half of the amount of fine shall remain stayed
during the pendency of this appeal in this court.
Order Date :- 1.2.2010
Rk