Court No. - 43 Case :- CRIMINAL APPEAL No. - 440 of 2010 Petitioner :- Deo Dutt Respondent :- State Of U.P. Petitioner Counsel :- B.D. Sharma Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellant has been convicted in the S.T. No.418 of 2003, Case Crime
No.46-A of 2003, under Sections 147, 148, 452, 323 read with 149, 304 read
with 149 IPC, P.S. Jahanabad, District Pilibhit and the maximum sentence
awarded to him is 7 years RI. The rest of the sentences are lesser sentences
and all the sentences have been ordered to run concurrently.
Learned counsel for the appellant contended that there are cross version and
trial Judge has wrongly disbelieve the defence story and the recorded
conviction is bad in law. He further contended that the appeal is not likely to
be heard in near future.
Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellant Deo Dutt be
enlarged on bail on her furnishing a personal bond of Rs. 1 lac with two
sureties in the like amount to the satisfaction of trial Judge concerned in the
above sessions trial number for the above offences. As soon as bail bonds and
surety bonds are furnished, photocopy of the same are directed to be
transmitted to this Court forthwith by the trial Judge concerned, to be kept on
the record of this appeal.
The appellant is allowed one month time to deposit half of the amount of fine
awarded on him. Rest of the amount of fine shall remain stayed during the
pendency of this appeal in this court.
Order Date :- 1.2.2010
RK