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.536/2004, for offences under sections 363, 366, 376 I.P.C., section 3 (1) (12) SC/ST Act, and the maximum sentence awarded to him is ten 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 was on bail during trial and has not misused the liberty of bail. It is further contended that the appeal is not likely to be heard in near future and the conviction is bad in law. It is further contended that the victim had wandered with the appellant to many places and the medical report does not support the prosecution version.
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 Rakesh alias Gatta 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 Rs. 10,000/- as amount 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 :- 30.6.2010 SKS/4107/10