Court No. - 43 Case :- CRIMINAL APPEAL No. - 37 of 2010 Petitioner :- Arvind Respondent :- State Of U.P. Petitioner Counsel :- Arvind Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
Admit and connect this appeal along with Criminal Appeal No. 38 of 2010.
Summon the trial court record.
The appellant has been convicted in S.T. No. 26/2000 arising out of case crime no. 501-A/1994
passed by Additional Sessions Judge/Fast Track Court No. 2, Kannauj for offences under
sections 307/34, 323/34 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 there are cross versions and the trial
Court wrongly disbelieved the version of the defence. He further contended that the prosecution
witnesses are not reliable.
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.
Without expressing any opinion on merit, let the appellant Arvind 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 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, Kannauj 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 :- 7.1.2010
AKG/-