Court No. - 26 Case :- CRIMINAL APPEAL No. - 1217 of 2009 Petitioner :- Deepu Singh Respondent :- State Of U.P. Petitioner Counsel :- S.K. Tripathi Respondent Counsel :- G.A. Hon'ble Dharam Veer Sharma,J.
Heard learned counsel for the appellant, learned A.G.A and perused the
record.
The instant criminal appeal has been preferred against the judgment and order
dated 07.05.2009 passed by the Additional Sessions Judge/F.T.C.V, Lucknow
in S.T.No.965 of 2001 (State Versus Deepu Singh and another) arising out of
Case Crime No.101 of 2000 u/ss.307 and 323 IPC and 3(1)(X) SC/ST Act,
P.S.Gosainganj, district Lucknow.
It has been urged on behalf of the appellant that this cross case is a counter
blast and he has been falsely implicated in this case. The appellant exercised
right of private defence. Complainant also sustained injury on his ear. It is
simple in nature. It is further submitted that the appellant is in jail for a
considerable time and has served a substantial period and it will take long
time to conclude the appeal and the appellant cannot be detained in jail for
indefinite period. It is not a case of misuse of bail.
Considering the totality of the circumstances, during the pendency of this
appeal the execution of sentence passed against the appellant is suspended.
Let the appellant Deepu Singh be released on bail during the pendency of
appeal on his furnishing a personal bond of Rs.50,000/- and two sureties each
in the like amount to the satisfaction of Court/C.J.M.concerned.
Order Date :- 30.7.2010
Irfan