Heard learned counsel for the appellant and the learned A.G.A.
The appellant has been convicted in S.T. No. 556/2004 (State Vs. Prem Pal) in crime no. 96/2004 vide orders dated 13.5.2008/14.5.2008 passed by Additional Sessions Judge, Court No. 5, Aligarh for offences under sections 457, 380, 411, 307 I.P.C. and the maximum sentence awarded to him is 5 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 appellant has been falsely implicated at the behest of the police and after conviction, he has remained in jail since 14.5.2008. He further contended that the appeal is not likely to be heard in near future. Learned AGA has filed a written objection on the bail prayer of the appellant and contended that the recorded conviction is well merited.
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 Prem Pal Alias Katara 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 offences. 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/- of fine awarded to him. Rest of the amount of fine shall remain stayed during the pendency of this appeal in this court. Order Date :- 18.1.2010 AKG/-