Heard Sri Ratan Singh 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.389 of 2008 for offences under sections 363, 366 I.P.C., P.S. Nagala Khangar, District Firozabad and the maximum sentence awarded to him is 5 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 for charge under Section 376 I.P.C., appellant was acquitted, therefore, the said charge was found to be false and hence the recorded conviction under Sections 363, 366 I.P.C. by the trial Judge is not sustainable as to the entire incident, victim was a consenting party, she was found to be major. Axillary submission is that 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 when maximum sentence is only five years RI.
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 Bhona @ Mohan 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 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.
The appellant is allowed one month time to deposit entire amount of fine awarded to him.
Order Date :- 25.2.2011 rkg