Court No. - 43 Case :- CRIMINAL APPEAL No. - 443 of 2010 Petitioner :- Ravindra Mishra & Another Respondent :- State Of U.P. Petitioner Counsel :- Siddhartha Srivastava,Himanshu Srivastava Respondent Counsel :- Govt. Advocate,Arun.Kumar.Singh Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellants as well as Sri Arunesh Kumar Singh,
learned counsel for the informant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellants has been convicted in the S.T. No.566 of 2005, State vs.
Ravindra Mishra adn another, under Sections 323/34, 325/34, 308/34, 506
IPC and the maximum sentence awarded to him is 5 years RI. The rest of the
sentences are lesser sentences and all the sentences have been ordered to run
concurrently.
Learned counsel for the appellants contended that the recored conviction
under Section 308 IPC is bad in law and in any view, the offence will not
travel beyond the scope of Section 325 IPC. 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 appellants. namely, Ravindra
Mishra and Suresh Mishra be enlarged on bail on their 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 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 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