Court No. - 28 Case :- CRIMINAL APPEAL No. - 1927 of 2010 Petitioner :- Indra Pal Respondent :- State Of U.P. Petitioner Counsel :- Rajendra Singh Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the appellant and the learned AGA and
perused the record.
The appellant Indra Pal has preferred this appeal against the judgment
and order dated 1.7.2010 passed by the learned Additional Sessions
Judge, Fast Track Court No.3, Unnao in S.T. No. 134 of 2007,
whereby the learned Additional Sessions Judge has convicted and
sentenced appellant under sections 323, 316 and 504 IPC, and the
maximum sentence imposed on him is of five year under section 316
IPC.
Admit.
The learned counsel for the appellant submitted that the appellant is an
old person aged about 65 years and the incident as alleged was neither
intentional nor deliberate and the victim sustained a superficial injury in
her abdomen on following on the ground which caused miscarriage. It
was also submitted that a quarrel was going on between the accused
and one Ram Ashrey and the victim had no concern there with.
Therefore there was no question of deliberately causing any injury to
the victim. It was further submitted that the appellant was on bail during
the trial and never abused. It was further submitted that there is no
prospect of the appeal being heard in near future due to heavy dockets.
Keeping in view the entire facts and circumstances of the case and
submissions of the learned counsel for the appellant and the learned
AGA, the appellant Indra Pal is bailed out during the pendency of the
appeal, in Sessions Trial No. 134 of 2007 , under sections 323, 316 and
504 IPC, P.S. Mauravan, district Unnao on his furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the
court concerned.
The realisation of half of the fine shall remain stayed during pendency
of the appeal, provided the appellant deposits half of the fine within one
month.
On acceptance of bail bonds and personal bond, the lower court shall
transmit photo state copies thereof to this Court for being kept on the
record of this appeal.
Let the paper books be prepared.
Order Date :- 21.7.2010
MTA