Heard.
Admit.
Summon the lower court record and list the appeal for hearing in due course.
Heard learned counsel for the appellants, learned A.G. A. and perused the record of the case.
In S.T.No.137 of 2003 (Crime No.230 of 2000), the appellants Siya Ram and Kripa Ram alongwith one another namely Badlu have been convicted and sentenced for the offence punishable under Sections 307/34 and 506(2) I.P.C. The maximum sentence awarded to them under Section 307/34 I.P.C. is ten years' rigorous imprisonment along with a fine of Rs.10,000/- and in default of payment of fine to further undergo one year's rigorous imprisonment It has been contended by the learned counsel for the appellant that the evidence adduced by the prosecution in support of his case is not reliable one and the offence for which the appellant has been convicted is not made out against the accused beyond reasonable doubt. That the appellant has been falsely involved in the case and the learned trial court has not properly appreciated the evidence available on record. That the role of firing has been assigned to co-accused Badlu and the appellants have been assigned the role of exhortation. That the appellants were on bail during trial and there is nothing on record to show that they ever misused the liberty of bail and the appellants have every hope of success in appeal.
Bail has been opposed by learned A.G.A.
Considered the respective submissions made by the parties. It reveals from the record that role of firing has not been assigned to any of the appellants. The submission of learned counsel for the appellants has substance. In view of the facts and circumstances of the case, having regard to the nature of evidence, adduced during trial and the probability factor, I am of the opinion that the appellants can be released on bail. Let the appellants Siya Ram and Kripa Ram be released on bail during the pendency of appeal on furnishing by each of them a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned provided they deposit fine imposed by the trial court.
The operation of the sentence of imprisonment shall remain suspended during the pendency of appeal.
27.1.2010 Tripathi