Heard learned counsel for the appellant and learned AGA and perused the impugned judgement rendered by the learned Additional Sessions Judge, Court No. 9, Pilibhit in Sessions Trial No. 299 of 2007.
Admit. Summon lower court record.
Learned counsel for the appellant submitted that there was no expert's report to show that the drink was noxious. It was next submitted that the appellant was on bail during the trial and never abused the same. The maximum sentence imposed on the appellant is of four years under sections 272 and 273 IPC. It was further contended that in case the appellant is not released on bail, the appeal would, in due course, become infructuous as there is no hope of an early hearing of the appeal due to heavy dockets.
In my opinion, prima facie, the aforesaid submissions of the learned counsel for the appellant have substance, therefore, it is just and expedient to exercise the discretion in favour of the appellant.
Keeping in view the nature of offence, evidence, complicity of the accused, the severity of punishment and submissions of the learned counsel for the appellant and the learned AGA, I am of the view that that the appellant has made out a case for bail.
Let the appellant Om Prakash Rathaur involved in the aforesaid session trial be released on bail during the pendency of the appeal on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the appellant deposits half of the fine within one month.
On acceptance of bail bonds and personal bonds, the lower court shall transmit photo state copies thereof to this Court for being kept on the record of this appeal.
Let the paper books be prepared.
List the appeal for hearing in due course Order Date :- 27.7.2011 shailesh