Court No. - 43 Case :- CRIMINAL APPEAL No. - 4897 of 2008 Petitioner :- Jitendra Respondent :- State Of U.P. Petitioner Counsel :- Shri Ram Rawat Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard Sri V.P. Srivastava senior Advocate assisted by Sri Ram Rawat
Advocate, the learned counsel for the appellant and learned AGA.
The appellant has been convicted in S.T. No. 641 of 2004 for the offences
under sections 307/34, 506 IPC and the maximum sentence awarded to him is
10 years R.I. The rest of the sentences are lesser sentences and all the
sentences have been ordered to run concurrently.
On the bail prayer of the appellant and suspension of sentence under section
389 Cr.P.C. it is submitted by the counsel for the appellant that the appellant
was on bail during the trial and he has not misused the liberty of bail. He
further contended that the appeal is not likely to be heard in near future. He
further contended that at the earliest PW-8 did not stitch the wounds but only
gave primary medical aid to the injured and referred him to the Govt. hospital.
It is further submitted that in the Medical College all the injuries were found
stitched, therefore, nature of injuries were not the determinative factor to
convict the appellant as the same was not known.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant Jitendra be
released 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 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.
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
pendent elite of this appeal in this court.
Order Date :- 18.1.2010
Gss