Heard learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No. 282/2008 (State Vs. Jabar Singh and others) vide order dated 8.1.2010 passed by Sessions Judge/Special Judge (E.C. Act), Pilibhit for offences under sections 308/34, 323/34, 504, 506 I.P.C. and the maximum sentence awarded to him is 4 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 the recorded conviction under Section 308 I.P.C. is bad in law and there was a cross version as well which has been wrongly disbelieved by the trial Judge. He further contended that from the side of the appellant also Jabar Singh and Bhoop Singh have sustained injury for which no explanation has been offered by the prosecution.
Learned AGA however endeavoured to support the judgment and refuted the arguments. 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 Pinku @ Prem Kumar 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 :- 25.1.2010 AKG/-