Heard Sri Kamal Krishna learned Senior Advocate assisted by Sri Neeraj Singh learned counsel for the appellants and the learned A.G.A.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. No.151 of 2009 for offences under sections 307/34, 452 I.P.C., P.S. Salempur, District Deoria and the maximum sentence awarded to them 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 appellants that it is a cross version and both sides sustained injuries. The appellants were claiming right of the private defence which has been wrongly disbelieved by the trial Judge. It is further submitted that the appellants were on bail during the trial which liberty they have not misused. The appeal is not likely to be heard in near future.
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 Raju @ Rameshwar, Mantoo @ Sujeshwar, Rinkoo @ Kameshwar 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 entire amount of fine awarded to them.
Order Date :- 5.1.2011 rkg