Suresh Teli vs State of U.P.

Abdul Mateen, J.—Heard learned Counsel for the appellant with respect to prayer for bail in pending appeal.

This appeal has been preferred by the appellant Suresh Teli against judgment and order dated 18.12.2009 passed by Additional Sessions Judge, Court No. 7, Hardoi in Session Trial No. 861 of 2005 (arising out of Case Crime No. 238 of 2004, under Sections 302 and 201 IPC, police station Behta Gokul, district Hardoi) whereby appellant has been convicted under Sections 302 and 201 IPC and sentenced for maximum term of life imprisonment with fine stipulation.

We have gone through the judgment of the court below as well as lower court record including statement of witnesses.

It is a case of circumstantial evidence.

Prima facie, at this juncture we do not find any sufficient material on record to see that the appellant was involved with respect to commission of the aforesaid crime.

It has been argued that the appellant was on bail during the course of trial and he did not misuse the library of bail granted to him. It has also been submitted that the appeal will take considerable long time for reaching on its logical conclusion.

Taking into consideration the overall aspects of the matter and without commenting any further on merits of the case, we find it a fit case for bail.

Let appellant Suresh Teli, convict of aforesaid Sessions Trial, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Hardoi.

Realisation of half of the fine is stayed and remaining half of the fine shall be deposited by the appellant within one month from the date of his release on bail.

The court below is directed to transmit to this Court forthwith photocopies of bond and sureties filed by appellant Ramesh Teli to be preserved in the record maintained here.