Court No. 5
Criminal Appeal No. 2537 of 2009
Smt. Kisana Devi and another Appellants
Vs.
State of U.P. Opp. Party
Hon'ble Vedpal,J.
Heard learned counsel for the appellants and learned A.G.A. on
the prayer for bail and perused the record of the case.
In S.T.No. 252 of 2003 (Crime No. 121 of 2001,Police Station
Lalganj, Rae Bareli ), the appellants Smt. Kisana Devi and Sri Ram
Bahadur have been convicted and sentenced under Sections 363/366
I.P.C.The maximum sentence awarded to them under Section 366 I.P.C. is
to undergo rigorous imprisonment for a period of seven years and a fine
of Rs.2000/- and in default of payment of fine to further undergo one
month’s imprisonment.
It has been submitted by the learned counsel for the appellants
that they have been falsely implicated in the case and there is no
reliable evidence against them on the basis of which they could have
been convicted. It has further been contended that the appellants are not
named in the F.I.R., though F.I.R. was lodged after inordinate delay of 22
days and as per medical certificate and in the statement of the
prosecutrix the age of the prosecutrix was about 18 years. That
prosecution version is not probable against the appellants and they have
every hope of success in appeal . That the appellants were on bail during
trial and there is nothing on record to show that they ever misused the
liberty of bail and as such they deserve bail.
Bail has been opposed by learned A.G.A.
Considered the respective submissions made by the parties.
There is substance in the submissions of the learned counsel for the
appellant. In view of all these facts and circumstances of the case, having
regard to the nature of evidence adduced during trial and the probability
factor, I am of the opinion that the appellants can be released on bail
during the pendency of appeal on furnishing by each of them a personal
bond with two sureties each in the like amount to the satisfaction of the
C.J.M. concerned provided they deposit the fine imposed by the trial
court. On furnishing bail bonds and deposit of fine, the operation of the
sentence of imprisonment shall remain suspended during the pendency of
appeal.
1.2.2010
Tripathi