Heard Sri A.K. Srivastava, Sri P.C. Srivastava, Sri K.K. Pandey learned counsel in support of bail prayer of the appellants Gullu @ Dinesh, Sandeep and Sanjay, and Sri J.K. Shishodia learned counsel for informant along with learned A.G.A. in opposition.
The appellants have been convicted in S.T. No.596 of 2009 for offences under sections 307/34, 323/34, 324/34, 427, 506(2) I.P.C., P.S. Gagalhedi, District Saharanpur and the maximum sentence awarded to them 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 appellants that so far as Gullu @ Dinesh is concerned, his gun shot evaded all the persons, did not cause any injury. Injuries caused by Sandeep and Sanjay are all simple in nature, therefore, conviction under Section 307/34 I.P.C. is not sustainable. Appellants were on bail during the trial which liberty they have not misused and the appeal is not likely to be heard in near future.
Learned counsel for the informant and 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 appellants on bail.
Let the appellants Gullu @ Dinesh, Sandeep, Sanjay be enlarged on bail on their 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.
The appellants are allowed one month time to deposit Rs.5,000/- each towards fine and rest of the amount of fine shall remain stayed during pendency of the appeal.
Order Date :- 17.2.2011 rkg