Heard 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. No. 162/2003 (State Vs. Veer Singh @ Bangali and another) relating to crime no. 91/2002 for offences under sections 308/34, 504 I.P.C., P.S. Jaitipur, District Shahjahanpur and the maximum sentence awarded to them is 4 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 the offence in any view will not travel under Section 325 I.P.C., recorded conviction under Section 308 I.P.C. is bad in law and in fact the witnesses are not reliable. He further contended that the appellants were on bail during trial and they have not misused the liberty of bail 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 Veer Singh @ Bangali and Ramanpal Singh 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 sessions 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 entire amount of fine awarded to them. Order Date :- 10.5.2010 AKG/-