Court No. - 54 Case :- CRIMINAL APPEAL No. - 627 of 2007 Petitioner :- Tillu Respondent :- State Of U.P. Petitioner Counsel :- M.P.S. Chauhan,H.P.Singh,M.A.Zaidi 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 the S.T. No. 1015 of 2004 by the
Additional Sessions Judge, Court No. 5, Aligarh for offences under sections
304 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.
On the bail prayer of the appellant and suspension of sentence under Section
389 Cr.P.C. it is submitted by the counsel for the appellant that the appellant
is already remanded in jail for six years . The maximum sentence is ten years.
It is contended that taking entire scenario, recorded conviction under Section
304-I cannot be sustained as the crime will not travel beyond the purview of
section 304-II.
Learned AGA could not dispute the already detention but supported the
judgment of conviction.
Without expressing any opinion on merit, let the appellant Tillu be enlarged
on bail on his furnishing a personal bond of Rs. 2 lac with two sureties in the
like amount to the satisfaction of trial Judge concerned for the aforesaid
crime. As soon as bail bonds and surety bonds are furnished, photocopy of the
same are directed to be transmitted to this Court forthwith by C.J.M., Aligarh
to be kept on the record of this appeal.
The appellant is allowed one month time to deposit the amount of fine
awarded on him.
Order Date :- 9.7.2010
Sharad