Court No. - 43 Case :- CRIMINAL APPEAL No. - 215 of 2009 Petitioner :- Sohan Pal Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
The appellant has been convicted in S.T. No. 925/2007 (State Vs. Sohan Pal) vide order dated
20.11.2008 passed by Additional Sessions Judge/F.T.C., Court No. 17, Bulandshahar for
offences under section 376 I.P.C. and the maximum sentence awarded to him is 7 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 appellant that in respect of offence under Section 380
I.P.C., trial Court itself disbelieved the prosecution version, victim was found to be major and
the medical report does not support the allegation of rape. He further contended that the
appellant is in jail since November, 2008 and the appeal is not likely to be heard in near future.
Learned AGA however endeavoured to support the judgment of conviction by filing a written
objection.
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 appellant on bail.
Let the appellant Sohan Pal be enlarged on bail on his 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 appellant is allowed one month time to deposit half of the amount of fine awarded to him.
Rest half of the amount of fine shall remain stayed during the pendency of this appeal in this
court.
Order Date :- 19.1.2010
AKG/-