Court No. - 43 Case :- CRIMINAL APPEAL No. - 97 of 2010 Petitioner :- Sanjai And Others Respondent :- State Of U.P. Petitioner Counsel :- Kailash Prakash Pathak,M.K. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellants and the learned A.G.A.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. No. 225/05 (State Vs. Sanjai and others) passed by
Additional Sessions Judge/F.T.C. Court No. 2, Agra for offences under section 307/34 I.P.C.
and the maximum sentence awarded to them is 4 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 appellants that the maximum sentence awarded to the
appellant is 4 years. He further submitted that so far as appellant Nos. 2 to 4 are concerned,
they have not caused any injury to anybody and all the appellants were on bail during the trial.
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 appellants 2 to 4 on bail.
Let the appellants 2 to 4 namely Beenu @ Ramnaresh Yadav, Manoj Kumar Yadav and Guddu
@ Shyam Singh Yadav be enlarged on bail on their 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 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,
Agra to be kept on the record of this appeal.
The appellants are allowed one month time to deposit half of the amount of fine awarded to
them. Rest half of the amount of fine shall remain stayed during the pendency of this appeal in
this court.
Bail Prayer of appellant No. 1 Sanjai shall be considered after the receipt of the record.
Office is directed to get the record and list this appeal in the 3rd week of February, 2010.
Order Date :- 11.1.2010
AKG/-