Court No. - 43 Case :- CRIMINAL APPEAL No. - 4439 of 2009 Petitioner :- Mahavir & Another Respondent :- State Of U.P. Petitioner Counsel :- Pulak Ganguly,Apul Mishra,Arun Srivastava 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. 826/2006 vide order dated 17.7.2009 passed by
Additional Sessions Judge, Court No. 9, Bareilly for offences under sections 304(I)/34, 323/34
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 looking to paragraph 44, role assigned
to the appellant Mahavir will become identical with other accused persons. He further
contended that the trial Court itself disbelieved the testimony of wife in respect of actual
assault. He further contended that when the trial Court has disbelieved the deposition of wife in
respect of actual assault, recorded conviction under Section 304 I.P.C. is bad in law as looking
to the nature of injuries, the intention of all the appellants cumulatively will not travel beyond
the scope of Section 325 I.P.C. He further contended that the appellant Mahavir is in jail since
March, 2006 and the appeal is not likely to be heard in near future.
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 Mahavir 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 offences. 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 :- 19.1.2010
AKG/-