Court No. - 28 Case :- CRIMINAL APPEAL No. - 2920 of 2009 Petitioner :- Ram Naresh Respondent :- State Of U.P. Petitioner Counsel :- K.S. Rastogi Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellant/s and the learned A.G.A. and perused
the judgment and order.
The learned counsel for the appellant submitted that the appellant has been in
jail during the investigation as well as during the trial for about one year and
eight months. He is presently in jail from 21.11.2009. In this way, the
appellant has already undergone imprisonment for about more than 2 years
and 4 months, therefore, the appellant is entitled to the benefit of the principle
propounded by the Apex Court in the case of Kamal vs. State of Hariyana
2006 (1) SCC (Crl) 757. It was also submitted that only one fire shot was
made on the injured without any repetition and the injury sustained by the
injured was not serious in nature. No internal damage was caused.
Keeping in view the entire facts and circumstances of the case and
submissions of the learned counsel for the appellant and the learned AGA,
the appellant Ram Naresh involved in the session trial no. 618/2004 arising
out of crime no.85/2004 under sections 307 IPC is released on bail during the
pendency of the appeal, on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the
appeal, provided the appellant deposits half of the fine within one month.
On acceptance of bail bonds and personal bond, the lower court shall transmit
photo state copies thereof to this Court for being kept on the record of this
appeal.
List the appeal for final hearing in due course.
Order Date :- 20.7.2010
RKSh