Heard Sri Pankaj Srivastava 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.290 of 2009 for offence under section 304 I.P.C., P.S. Hazara, District Pilibhit and the maximum sentence awarded to him is 7 years RI.
It is submitted that according to version of the prosecution as stated by PW-3, retaliatory firing was made by the appellant as an information was that the smuggling is being conducted in the border area. It is further pointed out at the strength of internal page no.3 of the impugned judgment that there has been exchange of firing in which the deceased sustained injuries, therefore, the recorded conviction of the appellant is bad in law. It is further submitted that the appellant was on bail during the trial which liberty he has not misused and the appeal is not likely to be heard in near future.
Learned AGA however endeavoured to support the judgment and refuted the arguments.
Looking to the above argument and 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 Awdhesh Kumar Jha be enlarged on bail on his furnishing a personal bond of Rs. 2 lacs with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above session 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.
Order Date :- 18.2.2011 rkg