Heard Sri Vimal Chaudhary 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. Nos. 520 of 2005 and 520-A of 2005 for offences under sections 143, 448 I.P.C. and 3 (1) (X) SC/ST Act, P.S. Kotwali Hata, District Kushinagar and the maximum sentence awarded to them is 3-1/2 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 maximum sentence is three and half years, appellants were on bail during the trial which liberty they have not misused and 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 Smt. Inder Dei, Smt. Sanehi Devi, Chhedi Mishra, Ram Kripal Mishra, Keshav Mishra and Sanjai Mishra 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.
Order Date :- 10.2.2011 rkg