Court No. - 43 Case :- CRIMINAL APPEAL No. - 7712 of 2009 Petitioner :- Jagdish And Another Respondent :- State Of U.P. Petitioner Counsel :- Ansar Ahmad,Pavitra Kumar Pathak Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellants and the learned A.G.A. The
objection filed today by the learned AGA is taken on record.
The appellants have been convicted in S.T. No. 313 of 2008, vide order dated
5.12.2009, passed by the Additional Sessions Judge, Court No.7, Etawah for
offences under sections 363, 366 and 376 I.P.C. and the maximum sentence
awarded to them are 7 years and 10 years RI respectively. 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 appellants that victim wandered
around on her own volition to various places. The medical report does not
support the charge of rape.
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 appellants on
bail.
Let the appellants Jagdish and Jugendra Singh be enlarged on bail on their
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 appellants are 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 :- 1.2.2010
PKC