Heard Sri Bishram Tiwari learned counsel for the appellants and the learned A.G.A.
Objection filed by the learned A.G.A. is taken on record.
The appellants have been convicted in S.T. No.325 of 2004 for offences under sections 307/149 I.P.C., P.S. Kuber Sthan, District Kushi Nagar and the maximum sentence awarded to them is 10 years RI.
It is contended by learned counsel for the appellants that both sides sustained injuries and the appellants were claiming the right of private defence, their conviction is, therefore, bad in law. It is also submitted that the appellants were on bail during the trial which liberty they have not misused.
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 appellants Sarva Jeet Yadav, Pooran, Innar, Chandra Bhan, Mahendra, Surya Bhan, Udai Bhan and Lalman 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 Rs.5,000/- each towards fine and rest of the amount of fine shall remain stayed.
Order Date :- 11.1.2011 rkg