Allahabad High Court
Shivakant Tiwari vs State Of U.P. on 19 January, 2010
Author: Vinod Prasad
Bench: Vinod Prasad
Court No. - 43 Case :- CRIMINAL APPEAL No. - 6104 of 2009 Petitioner :- Shivakant Tiwari Respondent :- State Of U.P. Petitioner Counsel :- Ravindra Prakash Srivasta Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
The appellant has been convicted in S.T. No. 250/2006 (State Vs. Shivakant Tiwari and others) vide order dated 2.9.2009 passed by Upper Sessions Judge/Special Judge, SC/ST Act, Basti for offences under section 459/34 I.P.C. and the maximum sentence awarded to him is 5 year 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 the injury has been caused by Ramakant Tiwari and so far as appellant Shivakant Tiwari is concerned, he has not caused any injury. He further submitted that the appellant has been implicated because of village rivalry and he is in jail since 2.9.2009 after his conviction. He further contended that 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 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 Shivakant Tiwari be enlarged on bail on his furnishing a personal bond of Rs. 1 lac with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above sessions 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.
The appellant is allowed one month time to deposit half of the amount of fine awarded to him. Rest half of the amount of fine shall remain stayed during the pendency of this appeal in this court.
Order Date :- 19.1.2010 AKG/-