Criminal Appeal No. 883/10
31.05.2010
Shri Manish Datt, learned counsel for the appellants.
Shri Ajay Tamrakar, learned PL for the respondent-State.
Having heard on IA no. 8640/10, an application for hearing
this appeal during summer vacation, for the reasons stated in it, the
same is allowed and the appeal is taken up for consideration.
Also heard on IA No. 7487/10, an application for suspension
of jail sentence and grant of bail to the appellants as after holding
them guilty under Sections 304, Part II/34, 342 and 506-B of IPC
each of them has been punished for RI ten years with fine of Rs.500
in the first count, RI one year with fine of Rs.200 in the second count
and RI for two years with fine of Rs.500 in the last count.
In the course of arguments, appellants’ counsel seeks
permission to withdraw this IA till the extent of appellant no. 2 Akhil
Dahiya as not pressed.
Considering such prayer the IA is dismissed as withdrawn and
not pressed till the extent of appellant no.2. The same is taken up for
consideration with respect of other appellants.
Having heard, perused the record, taking into consideration
the nature of evidence led by the prosecution in which no eye witness
account is put fourth against the appellant no. 1 and 3 to 6 for
causing any injuries to the deceased Jitendra Dahiya, without
expressing any opinion on merits of the matter, the IA is allowed.
Subject to deposit of the fine amount the jail sentences of the
appellants are suspended.
It is further directed that on furnishing a personal bond of Rs.
25,000 (Rs. twenty five thousand) alongwith one surety of the
like amount to the satisfaction of the trial court by each of the
appellants, they shall be released on bail with a direction to appear in
the trial court, firstly on 30.8.2010 and on other dates as would be
fixed by the trial court till disposal of this appeal.
C c as per rules.
( U.C. Maheshwari )
V. Judge
bks