Shri Kant Tripathi, J. - (1.) HEARD learned counsel for the appellant and the learned A.G.A. and perused the impugned judgment and order dated 12.10.2010, rendered by the Additional Sessions Judge,FTC -VII, Lucknow, in session trial no. 611/2008, State vs. Ram Awadh Ram whereby the appellant has been convicted and sentenced under sections 452, 354, 504, 306, IPC.
(2.) LEARNED counsel for the appellant submitted that according to the prosecution story, certain police officials had visited the house of the prosecutrix for making certain quarries as the brother of the deceased was said to be an accused in a murder case. It is alleged that the appellant tried to outrage the modesty of the deceased outside the house, which caused annoyance and she ultimately committed suicide. Merely on account of aforesaid, the case does not fall within the category of abetment. It was next submitted that Smt. Gudiya (sister) and Suresh Soni (brother) of the deceased had stated that the appellant was not amongst the police personnels who had visited the house of the deceased on the date of occurrence, therefore, involvement of the appellant was highly doubtful. It was next submitted that the maximum sentence imposed on the appellant is of seven years and he has already served out five years nine months, which is a substantial portion of the sentence. In case the appellant 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. In my opinion, prima facie, the aforesaid submissions of the learned counsel for the appellants have substance, therefore, it is just and expedient to exercise the discretion in favour of the appellants.
(3.) KEEPING in view the entire facts and circumstances of the case and submissions of the learned counsel for the appellants and the learned AGA, the appellant Ram Awadh Ram 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 and also subject to the following conditions: (1) The appellant, if so required, shall attend this Court according to the conditions of the bond executed by him; (2) The appellant shall not commit any offence similar to the offence of which he has been convicted;;