Court No. - 43 Case :- CRIMINAL APPEAL No. - 1259 of 2010 Petitioner :- Pradeep Singh Respondent :- State Of U.P. Petitioner Counsel :- Ram Raj Pandey Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
Appeal is admitted.
Objection on the bail prayer of the appellant has been filed by learned AGA today in Court,
which is taken on record.
The appellant has been convicted in S.T. No. 75/2008 (crime no. 50/2006) for offences under
section 326 I.P.C., P.S. Inder Garh, District Kannauj and the maximum sentence awarded to
him is 10 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 in the FIR, the role of assault was
assigned only to Sanjeev Singh but subsequently in the trial, injured allegated that it was the
present appellant who has caused the injury by spade. He further contended that the said
contradiction cannot be resolved and in any view the sentence of 10 years under Section 326
I.P.C. is too excessive. He further contended that the appellant was on bail during trial and he
has not misused the liberty of bail 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 above argument and 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 Pradeep Singh be enlarged on bail on his furnishing a personal bond of Rs. 2
lacs 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 appellant is allowed one month time to deposit entire amount of fine awarded to him.
Order Date :- 10.5.2010
AKG/-