Heard learned counsel for the appellant, learned A.G.A. on the point of admission of criminal appeal and perused the judgment and order dated 12.10.2009.
This appeal has been filed by the accused appellant against the judgment and order dated 12.10.2009 passed by learned Additional Sessions Judge, F.T.C No.3, Hardoi in Sessions Trial No. 905A of 2008 (Crime No. 554 of 2008): State Vs Puneet Mishra and others, under Sections 354, 307/34, 506 I.P.C., Police Station Shahabad, District Hardoi, whereby learned Additional Sessions Judge has held the accused guilty under Section 354, 307/34 506 I.P.C., consequently he has convicted and sentenced the accused to undergo different terms of imprisonment and to pay fine with default stipulation. The maximum sentence awarded by the trial court is of five years under Section 307/34 I.P.C.
Admit.
Heard learned counsel for the appellant, learned A.G.A on the prayer for bail of the accused appellant.
The submission of learned counsel for the appellant is that the trial court has held the accused guilty under Sections 354, 307/34, 506 I.P.C. The maximum sentence awarded by the trial court is of five years under Section 307/34 I.P.C. As regards the charge under Section 307 I.P.C. is concerned, it was a case of no injury. The trial court has taken technical view to hold the accused guilty under Section 307 I.P.C. The trial court has awarded two years sentence to the accused under each of Sections 354 and 506 I.P.C. The accused appellant was on bail during trial but he did not misuse the liberty of bail. Therefore, he deserves to be released on bail.
Learned A.G.A opposed the prayer for bail.
Considered the submissions of the learned counsel for the appellant and the learned Additional Government Advocate. Keeping in the view the sentence awarded by the trial court to the accused appellant as well as totality of the facts and circumstances of the case, without expressing any opinion on the merits of the appeal, appellant may be released on bail.
Let accused-appellant Anurag Mishra alias Olanga be released on bail in aforesaid Sessions Trial number during pendency of the appeal on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
However, the realization of fine is not stayed and the same be deposited by the appellant, if not already deposited, within one month from the date of his release, failing which this order of bail shall stand cancelled.
19.01.2010 Renu/-