Heard learned counsel for the appellant and the learned A.G.A.
The appellant has been convicted in S.T. No. 720/2007 vide order dated 28.5.2009 passed by Additional Sessions Judge, F.T.C. Court No. 4, Firozabad for offences under sections 307, 504 I.P.C. and 25 Arms Act 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 a single shot is alleged to have fired by the appellant Gitam but no internal damage has been caused nor the injury was dangerous to life. He further contended that in absence of repetition of shot, it is difficult to comprehend the appellant had an intention to commit murder. He further contended that taking the prosecution case in its entirety, the offence will not travel beyond the scope of Section 324 I.P.C. and the appellant is in jail since 28.5.2009 and the appeal is not likely to be heard in near future. Learned AGA however endeavoured to support the judgment of conviction by filing of 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 on bail. Let the appellant Gitam 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 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 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/-