Court No. 20
Criminal Appeal No. 1741 of 2010
Ram Kumar ......... Appellant
Versus
The State of U.P. ........ Opposite Party
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the appellant on the point of admission and
perused the impugned judgment and order.
This criminal appeal has been filed by the accused-appellant against
the judgment and order dated 27.5.2010, passed by the learned Additional
Sessions Judge, Court No. 2, Sitapur in Sessions Trial No. 728/2003 (crime
no. 96/2001); State Versus Ram Kumar under Sections 323/34, 504, 506 IPC
& 3 (1) X S.C./S.T. Act, Police Station Manpur, District Sitapur, whereby the
learned Additional Sessions Judge has held the accused-appellant guilty
under Sections 323/34, 504, 506 IPC & 3 (1) (10) S.C./S.T. Act and has
convicted and sentenced him to undergo different terms of rigorous
imprisonment including fine. The maximum sentence is of 2 years under
Section 3 (1) X S.C./S.T. Act and to pay a fine of Rs. 2000/- with default
stipulation.
Admit.
Heard learned counsel for the appellant, learned A.G.A on the prayer
for bail and perused the judgment and order of the trial court.
Learned counsel for the accused appellant submitted that the
maximum sentence awarded by the trial court to the accused-appellant is of
two years and he was on bail during trial and he did not mis-use the liberty
of bail granted to him during the trial. He is on interim bail granted by the
Trial Court. He, therefore, deserves to be released on bail during pendency of
appeal.
Learned A.G.A. opposed the prayer for bail.
Considered the submissions of the learned counsel for the appellant
and learned A.G.A. Keeping in view the totality of the facts and
circumstance of the case as well as the fact that the accused was on bail
during the trial and they did not misuse the liberty of bail granted to them
and they are on interim bail granted by the Trial Court, therefore, without
prejudice to the merits of the appeal, the accused-appellant Ram Kumar may
be released on bail during the pendency of the appeal.
Let the appellants Ram Kumar be released on bail in aforesaid
Sessions Trial number during pendency of the appeal on his furnishing a
personal bond with two sureties each in the like amount to the satisfaction of
the C.J.M. Concerned.
However, the fine is not stayed and the same be deposited by the
appellant, if not already deposited, within 30 days from today, failing which
this order of bail shall stand cancelled.
23.6.2010
Santosh/-