Heard learned counsel for the appellant as well as learned A.G.A. on the prayer for bail pending appeal and also perused the record of the case.
In S.T.No.124 of 2007, ( Case Crime No.2 of 2007), the appellant Chaudhary Chauhan has been convicted and sentenced for the offence punishable under Sections 304(2), 147 and 323 I.P.C.. The maximum sentence awarded to him under Section 304 (2) I.P.C. is ten years' rigorous imprisonment along with a fine of Rs.2,000/- and in default of payment of fine to undergo further one year imprisonment.
It has been contended by learned counsel for the appellant that role of causing fatal injuries to deceased Km. Ruma has not been assigned the appellant Chaudhary Chauhan; that co-accused Nankau, Thakur and Ram Singh has been admitted to bail and the case of appellant Chaudhary Chauhan is at the same footing for bail and as such appellant deserves bail.
The bail has been opposed by learned A.G.A.
Considered the respective submissions made by the parties. The role of causing fatal injuries to deceased has not been assigned to appellant but it has been assigned Barkau. There is substance in the submissions of the learned counsel for the appellant. In view of all these facts and circumstances of the case, having regard to the nature of evidence adduced during trial and the probability factor, I am of the opinion that the appellant can be released on bail during the pendency of the appeal on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the C.J.M. concerned, provided he deposits the fine imposed by the trial Court.
Thereafter, the sentence of imprisonment awarded to the appellant, shall remain suspended during the pendency of the appeal.
Order Date :- 1.2.2010 Amit