Court No. - 43 Case :- CRIMINAL APPEAL No. - 7695 of 2008 Petitioner :- Suresh & Others Respondent :- State Of U.P. Petitioner Counsel :- Amit Singh,Mohit Singh Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard Sri Mohit Singh, learned counsel for the appellant and the learned A.G.A.
The appellant has been convicted in S.T. No. 1066/2007 (State Vs. Suresh and others) vide
order dated 6.11.2008 passed by Additional Sessions Judge, Court No. 14, Moradabad for
offences under section 307 I.P.C. 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.
It is contended by learned counsel for the appellant that taking the prosecution case to be
correct and looking to the nature of injury, in absence of repetition of shot, recorded conviction
under Section 307 I.P.C. is bad in law. He further contended that the appellant Suresh is in jail
since November, 2008 and the appeal is not likely to be heard in near future.
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 Suresh be enlarged on bail on his furnishing 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.
The appellant is allowed one month time to deposit half of the amount of fine awarded to him.
Rest half of the amount of fine shall remain stayed during the pendency of this appeal in this
court.
Order Date :- 21.1.2010
AKG/-