Heard learned counsel for the appellant and the learned A.G.A.
The appellant has been convicted in S.T. No. 982/2002 (State Vs. Anil @ Kalu and others) vide order dated 21.7.2009 passed by Additional District and Sessions Judge/Fast Track Court No. 2, Ghaziabad for offences under sections 304/34, 308/34, 323/34, 324/34, 504, 506 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 looking to the injury sustained by the deceased, the offence will not travel beyond the scope of Section 304(II) I.P.C. and, therefore the recorded conviction under Section 304(I) I.P.C. is bad in law. He further contended that no specific averment was made in the FIR regarding causing of fatal injury to the deceased by appellant Anil but subsequently it was developed during the trial although the other appellants have already been released on bail. He further submitted that after his conviction, appellant Anil is in jail since July, 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 No. 1 Anil @ Kalu on bail. Let the appellant No. 1 Anil @ Kalu 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 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 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/-