Heard Sri A.R. Singh learned counsel for the appellant and the learned A.G.A.
The appellant has been convicted in S.T. No.414 of 1999 for offence under section 460 I.P.C., P.S. Milak, District Rampur and the maximum sentence awarded to him is 10 years RI.
It is submitted that appellant had remained in jail near about five years including the period of conviction and as under trial, maximum sentence is 10 years RI and the appeal is not likely to be heard in near future. It is further submitted that appellant has been falsely implicated because of enmity. According to the prosecution case, appellant had covered his face and witness after opening the covered face, had identified him.
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 Ved Prakash @ Baba 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 entire amount of fine awarded to him.
Order Date :- 10.2.2011 rkg