Court No. - 40 Case :- CRIMINAL APPEAL No. - 4025 of 2010 Petitioner :- Sunil Kumar Respondent :- State Of U.P. Petitioner Counsel :- P.C. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No. 40/08 for offences under
sections 307, 452 I.P.C. and the maximum sentence awarded to him is five
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 maximum
sentence is five years and the appellant was on bail during the trial and has not
misused the liberty of bail. It is further contended that the appeal is not likely
to be heard in near future. According to the injury sustained by the victim, the
offence will not travel beyond the scope of section 325 IPC.
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 appellant on
bail.
Let the appellant Sunil Kumar 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 entire amount of fine
awarded to him by the trial court.
Order Date :- 28.6.2010
SKS/4025/10