Heard Sri A.K. Mishra Advocate holding brief of Sri K.K. Chaurasiya, Sri Samit Gopal learned counsel in support of bail prayer of the appellant Kishan Kasera, the learned A.G.A. and no one appears for the respondent/informant.
The appellant has been convicted in S.T. No.331 of 2001 for offence under section 307/34 I.P.C., P.S. Kotwali City, District Mirzapur and the maximum sentence awarded to him is 10 years RI.
It is submitted that appellant is in jail since last four years, maximum sentence is 10 years RI, he was on bail during the trial which liberty he has not misused and appeal is not likely to be heard in near future. Co-accused Ballu Kasera has already been released on bail.
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 Kishan Kasera 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.
The appellant is allowed one month time to deposit Rs.5,000/- towards fine and rest of the amount of fine shall remain stayed.
Order Date :- 14.2.2011 rkg