Court No. - 43 Case :- CRIMINAL APPEAL No. - 1264 of 2009 Petitioner :- Doctor Nand Lal Yadav Respondent :- State Of U.P. Petitioner Counsel :- Parameshwar Yadav 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. 139 of 2009, vide order dated
25.02.2009, passed by the Additional Sessions Judge, Court No.1,
Maharajganj for offences under section 366 I.P.C. and the maximum sentence
awarded to him is 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 appellant that the victim and
prosecution witnesses are wholly unreliable and conviction under section 366
IPC, is not sustainable at all as on the evidence led by the prosecution the said
offence is not made out. The applicant is in jail since 25.2.2009.
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 Dactor Nand Lal Yadav 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 :- 2.2.2010
PKC