Court No. - 43 Case :- CRIMINAL APPEAL No. - 764 of 2008 Petitioner :- Aditya Respondent :- State Of U.P. Petitioner Counsel :- Vijay Bahadur Shivhare,M.A.Ansari,Manish Kesharwani,S.A.Imamae Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
The appellant has been convicted in S.T. No. 776/2003 (State Vs. Aditya and others) vide order
dated 28.1.2008 passed by Additional Sessions Judge, Court No. 4, Saharanpur for offences
under section 307 I.P.C. 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.
It is contended by learned counsel for the appellant that the maximum sentence is 5 years and
the appellant is in jail for more than 2 years after his conviction and as an under trial, he had
remained in jail. He further contended that 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 Aditya 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 :- 19.1.2010
AKG/-