MANISH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the Appellant and the learned A.G.A. and perused the impugned judgment and order dated 11/13 April, 2011, rendered by the Additional Sessions Judge, Court No. 20, Meerut, in Session Trial No. 479/2009, State v. Manish and Ors., whereby the Appellant has been convicted and sentenced under Sections 307/34, 325/34 ans 506 Indian Penal Code.

(2.) LEARNED Counsel for the Appellant submitted that the maximum sentence imposed on the Appellant is of five years imprisonment and according to the prosecution story the Appellant had iron rod but the prosecution has not specified as to which of the accused was responsible for causing the head injury to the deceased. More so, the co -accused Arvind @ Kakoo has already been enlarged on bail. It was next submitted that the Appellant was on bail during the trial and never abused the same and is presently in jail from 11.4.2011 and if he is not released on bail, the appeal would, in due course, become infructuous as there is No. hope of an early hearing of the appeal due to heavy dockets.

(3.) KEEPING in view the entire facts and circumstances of the case and submissions of the learned Counsel for the Appellant and the learned AGA, the Appellant Manish is released on bail, during the pendency of the appeal, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.