Heard Sri Sharad Srivastava learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No.140 of 2009 for offences under sections 308, 504 I.P.C., P.S. Garautha, District Jhansi and the maximum sentence awarded to him is 7 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 appellant that offences will not travel beyond the purview of Section 325 I.P.C. and the recorded conviction under Section 308 I.P.C. is bad in law. The appellant was on bail during the trial, which liberty he has 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 appellant on bail.
Let the appellant Virendra @ Badhai 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.
Order Date :- 3.1.2011 rkg