Court No. - 43 Case :- CRIMINAL APPEAL No. - 3132 of 2008 Petitioner :- Ram Karan And Others Respondent :- State Of U.P. Petitioner Counsel :- A.K. Singh Respondent Counsel :- Govt Advocate,V.K.S. Parmar,V.K.Singh Hon'ble Vinod Prasad,J.
Heard Sri A.K. Singh and Sri Amit Daga, learned counsel for the appellants, learned A.G.A.
and Sri V.K. Singh Parmar, learned counsel for the informant.
The appellants have been convicted in S.T. No. 294/05 (State Vs. Ram Karan and others)
passed by Additional Sessions Judge, Court No. 1, Jaunpur for offences under sections
304(II)/34, 325/34 I.P.C. and the maximum sentence awarded to them 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 appellants that admittedly it is a case of single injury,
which occurred in heat of passion. Learned counsels further submitted that the offence will not
travel beyond the scope of Section 325 I.P.C. and in any view under Section 304A and recorded
conviction under Section 304(II) I.P.C. is bad in law. They further submitted that there was no
previous enmity and the incident occurred at the spur of moment and after their conviction,
appellants had already remained in jail for more than one and half years.
Learned AGA as well as learned counsel for the informant however endeavoured to support the
judgment and refuted the arguments.
Looking to the above contentions and also 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 Ram Karan, Sumitra Devi and Badal be enlarged on bail on their 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 offences. 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 :- 13.1.2010
AKG/-