Allahabad High Court
Abhimanyu @ Mannu Yadav vs State Of U.P. on 1 February, 2010
Author: Vinod Prasad
Bench: Vinod Prasad
Court No. - 43 Case :- CRIMINAL APPEAL No. - 419 of 2010 Petitioner :- Abhimanyu @ Mannu Yadav Respondent :- State Of U.P. Petitioner Counsel :- Vinod Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned AGA in opposition.
Admit.
Summon the trial court record.
The appellant has been convicted in Sessions Trial No.243 of 2008 arising out of Crime No.59/05, under Sections 395, 120B, 412 IPC, Police Station Kerakat, District Jaunpur and the maximum sentence awarded to him is seven years R.I. The rest of the sentence are lesser 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 trial court acquitted under Section 395 IPC but wrongly convicted appellant under Section 412 IPC when the recovery at the pointing out of the appellant was not at all established.
Learned AGA however endeavoured to support the judgment and refuted the arguments raised by learned counsel for the appellant.
Looking to the period of detention and the fact the the appeal is not likely to be heard in near future, I consider it appropriate to release the appellant on bail.
Let the appellant Abhimanu @ Mannu Yadav be enlarged on bail on his furnishing a personal bond of Rs. one 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 son as personal and surety bonds are furnished, photocopies of the saem are directed to be tansmitted to this Court forthwith by trial Judge concerend to be kept on the record of this appela.
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 :- 1.2.2010 Rk