Court No. - 43 Case :- CRIMINAL APPEAL No. - 231 of 2010 Petitioner :- Shyam Babu @ Pappu & Another Respondent :- State Of U.P. Petitioner Counsel :- A. Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellants, learned A.G.A. and Sri Nisar Uddin, learned counsel
for the informant.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. Nos. 227/2003 and 227-C/2003 vide order dated
11.1.2010 passed by Additional Sessions Judge, Fast Track Court No. 5, Firozabad for offences
under section 307 I.P.C. and the maximum sentence awarded to them is 7 years RI. The rest of
the sentences are lesser sentences and all the sentences have been ordered to run concurrently.
Inviting attention on page 14, learned counsel for the appellants submitted that the trial Court
itself recorded a finding that there was glaring contradiction in the deposition of the witnesses
of fact yet he had preferred to convict the appellants and, therefore, the impugned judgment is
not sustainable and is wholly illegal as no intrinsic worth can be attached to the deposition of
fact witnesses because they directly and subsequently contradicts each other.
Learned AGA as well as learned counsel for the informant 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 on bail.
Let the appellants Shyam Babu and Babloo 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 concerned 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.
Order Date :- 21.1.2010
AKG/-