Court No. - 26 Case :- CRIMINAL APPEAL DEFECTIVE No. - 338 of 2010 Petitioner :- Durga Singh Thakur Respondent :- State Of U.P. Petitioner Counsel :- Dilip Pandey Respondent Counsel :- Govt Advocate Hon'ble Dharam Veer Sharma,J.
Heard the learned counsel for the appellant, the learned A.G.A. and perused
the record.
Admit.
Issue Notice.
The instant criminal appeal has been preferred against the judgment and order
dated 7.12.2009 passed by the Additional District and Sessions Judge, F.T.C.-
I, Raebareli in Session Trial No. 262/2001, Crime No. 184/1999, under
Sections 377/506 I.P.C., P.S. Salon, District Raebareli.
It has been urged on behalf of the appellant that he was on bail during trial
and the F.I.R. was lodged after 26 days and medical examination was
conducted after 32 days and no injury was found on the body of the victim.
Appellant claims himself to be juvenile and submits that false implication has
been attributed to him.
It is also not disputed that it will take long time to conclude the appeal and the
appellant cannot be detained in Jail for indefinite period.
Considering the totality of the circumstance, during the pendency of this
appeal the execution of sentence passed against the appellant is suspended.
Let appellant Durga Singh Thakur be released on bail during pendency of this
appeal on his furnishing a personal bond of Rs. 75,000/- with two sureties
each in the like amount to the satisfaction of the Court/CJM concerned.
However, 50% of fine shall be deposited within one month of the release of
the appellant from Jail.
Order Date :- 19.7.2010
Tanveer/-