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Judgment
10 paragraphs · 389 words(C.M. Application No. 37721 of 2010)
Heard learned Counsel for the applicant-Appellant and learned Additional Government Advocate with respect to prayer for bail in pending appeal.
The appeal has been preferred by the Appellant after having been convicted in Sessions Trial No. 619 of 1996, u/s 304 part-II Indian Penal Code and Section 3(2)(V) SC/ST Act and sentenced for a maximum period of life imprisonment with fine stipulation vide judgment and order dated 19.02.2010 passed by learned Special Judge SC/ST (PA) Act, FTC-6, Hardoi.
We have gone through the judgment of the court below as well as lower court record.
It comes out that one Mahan and Raidas came to his wife and uttered that he was beaten by the Appellant. He died on the way while being taken to the police station by his wife for lodging the FIR. The post mortem report of the deceased Mahan and Raidas indicates that he had received two injuries, one on the little finger of the right hand, and other on the left forearm but the doctor has given his opinion that the deceased died due to rupture of spleen. The witnesses PW-5, PW-7 & PW-8 have supported the prosecution story but have deposed not to have seen the occurrence.
It has been submitted by learned Counsel for the Appellant that the Appellant was on bail during the course of trial and he did not misuse the liberty of bail granted to him. The appeal is of the year 2010 and it will take considerable long time for reaching on its logical conclusion.
Taking into consideration 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 Virendra Kurmi, 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.
Realization 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 to be preserved in the record maintained here.