Ramesh Pradhan vs State of U.P.

Hon''ble Surendra Singh, J.—Heard learned counsel for the appellant as well as learned counsel for the informant and learned AGA in opposition and also perused the judgment and order of trial court.

The appellant has been convicted in S.T. No. 770 of 2007 under Sections 452, 307/34, 323/34, 325/34 and 304/34 I.P.C. and the maximum sentence awarded to him is five years'' rigorous imprisonment with fine with default stipulation.

It is contended by learned counsel for the appellant that according to the F.I.R. the appellant was alleged to have armed with tabal but later on the witnesses took a somersault and improved the case in her statement assigning the role of firing with country made pistol. It is further argued that none of the injured persons has sustained incised wound. He next argued that the injuries sustained by Bhim Singh were simple in nature except that of injury no. 1 which was kept under observation. It is further argued that the incident is alleged to have taken place in the night and none of the witnesses have seen the incident. He has further argued that co-accused persons, namely, Kundan and Daya Ram as well as Ashok have already been granted bail by another Bench of this Court on 2.12.2011 and 5.12.2011 respectively vide Criminal Appeal Nos. 6825 of 2011 and 6847 of 2011. He has further submitted that the appellant was on bail during the pendency of the trial and did not misuse the liberty of bail during the said period and moreover, this appeal is not likely to be heard in near future.

Learned AGA contends that the appellant has rightly been convicted and sentenced.

I have considered the contentions of the rival sides and have gone through the impugned judgment of conviction.

Admit and connect along with Criminal Appeal Nos. 6825 of 2011 and 6847 of 2011.

Without expressing any opinion on the merits of the matter, I consider it appropriate to release the appellant on bail during the pendency of this appeal in this Court.

Let appellant-Ramesh Pradhan convicted and sentenced in S.T. No. 770 of 2007 under Sections 452, 307/34, 323/34, 325/34 and 304 I.P.C. be released on bail during the pendency of appeal on his furnishing a personal bond of Rs.20,000/-and two sureties each in the like amount to the satisfaction of the Court concerned. As soon as bail bonds and surety bonds are furnished, photocopy 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.

It is further directed that in case the appellant deposits half of amount of fine in the court concerned, realization of remaining amount of fine shall remain stayed during the pendency of this appeal before this court.