Court No. - 43 Case :- CRIMINAL APPEAL No. - 6842 of 2008 Petitioner :- Sompal & Another Respondent :- State Of U.P. Petitioner Counsel :- Muqeem Ahmad 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. 534/2004 (State Vs. Sompal and another) vide
order dated 16.9.2008 passed by Additional Sessions Judge/Special Sessions Judge, Room No.
3, J.P. Nagar for offences under section 304/34 I.P.C. and the maximum sentence awarded to
him is 10 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 the co-appellant Rajpal has already
been granted bail. According to the deposition of P.W. 1, he has not seen the actual assault and
so far as eye witness account is concerned, he has alleged assault by both the appellants. He
further contended that the appellant is in jail since 16.9.2008 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 Sompal 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/-