Court No. - 43 Case :- CRIMINAL APPEAL No. - 8305 of 2009 Petitioner :- Banti Respondent :- State Of U.P. Petitioner Counsel :- Akhilesh Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned AGA.
The appellant has been convicted in Sessions Trial No.159A of 2005 arising
out of Case Crime No.285 of 2003, State Vs. Bant, under Sections 504,
307/34 IPC, Police Station Atrauli, District Aligarh and the maximum
sentence awarded to him is ten years R.I. The rest of the sentences are lesser
sentences and all the sentences have been ordered to run concurrently.
Learned counsel for the appellant contended that the injured has turned hostile
and did not support the prosecution version. He further contended that the
recorded conviction is bad in law. He further contended that appellant was
summoned under Section 319 Cr.P.C. and during investigation complicity of
the appellant was found to be false. He further contended that all these facts
erodes the credibility of prosecution evidence and therefore, the impugned
judgment of conviction and sentence cannot be sustained. He contended that
the appeal is not likely to be heard in near future.
Learned AGA endeavour to support the judgment by pointing out that the
appellant had also caused injury to the injured.
Without expressing any opinion on merit, let the appellant Banti be enlarged
on bail on his furnishing a personal bond of Rs. one 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 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 :- 18.1.2010
Rk