Court No. - 43 Case :- CRIMINAL APPEAL No. - 6931 of 2009 Petitioner :- Usman & Another Respondent :- State Of U.P. Petitioner Counsel :- N.I. Jafri Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Learned AGA has filed an objection, the same is taken on record.
Heard learned counsel for the appellants and learned AGA in opposition.
The appellants have been convicted in Sessions Trial No.522/2008, State vs.
Usman and others arising out of Case Crime No.378 of 2007, under Section
376 (g) IPC, Police Station Bhagatpur, District Moradabad and the maximum
sentence awarded to them are ten years R.I. The rest of the sentences are
lesser sentences and all the sentences have been ordered to run concurrently.
Learned counsel for the appellants contended that victim is a major and left
her house on her own accord and subsequently cooked up a false story. In
support of the said contention, learned counsel for the appellants invited the
attention of the Court on paragraph nos.33, 36, 43, 44 of the impugned
judgment as well as on the complaint filed by the victim and her recorded
statement under Section 200 Cr.P.C. He further contended that the appeal is
not likely to be heard in near future.
Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellants, namely, Usman
and Tahir be enlarged on bail on their furnishing a personal bond of Rs. one
lac with two sureties in the like amount to the satisfaction of trial Jude
concerned in the above sessions trial for above offences. 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 appellants are allowed one month time to deposit half of the amount of
fine awarded to them. Rest half of the amount of fine shall remain stayed
during the pendency of this appeal in this Court.
Order Date :- 18.1.2010
Rk