Heard Sri Sanjay Srivastava learned counsel for the appellant and the learned A.G.A.
Since appeal of co-accused Raju Sharma @ Ashok being criminal appeal no.5972 of 2010 was already admitted by this Court and the aforesaid appellant has already been allowed bail and consequently the impugned judgment is already under scanner by this Court, I condone the delay of 69 days in filing the instant appeal. Delay condonation application is allowed. Office is directed to score out defective number and allot regular number on this appeal.
Order Date :- 14.2.2011 rkg Hon'ble Vinod Prasad,J.
Heard Sri Sanjay Srivastava learned counsel for the appellant and the learned A.G.A.
Admit and connect with criminal appeal no. 5972 of 2010.
Summon the trial court record.
The appellant has been convicted in S.S.T. No.44 of 2006 and S.S.T. No.51 of 2006 for offences under sections 394, 411 I.P.C. and 25 Arms Act, P.S. Rasoolabad, District Kanpur Dehat and the maximum sentence awarded to him is 7 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 not named in the FIR, he was apprehended by the police, it is alleged that from his possession stolen ornaments were recovered, the recovery is not supported by any independent witness. The appellant was not put up for identification. The appellant was on bail during pendency of the trial, he has not misused the liberty of bail.
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 appellant on bail.
Let the appellant Rinku Singh @ Sonu Singh be enlarged on bail on his 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 appellant is allowed one month time to deposit Rs.5,000/- towards fine and rest of the amount of fine shall remain stayed.
Order Date :- 14.2.2011 rkg/8-11