Shiv Charan and Vijay Kumar Verma, JJ. - (1.) LEARNED AGA has filed ob jection, which be taken on record.
(2.) HEARD Sri V.S. Parmar, learned Counsel for the appellant and learned AGA for the State on the prayer of bail of the appellant Ramesh, who has been convicted and sentenced by Sri S.K. Singh, the then Additional Sessions Judge, Fast Track Court No. 2, Hamirpur in S.T. No. Spl. Case No. 39 of 2002 (State v. Ramesh), under sections 307, 504, 506 IPC and section 3(2) (V) S.C./S.T. Act, P.S. Rath, District Hamirpur and perused the record and relevant documents. Learned Counsel for the appellant argued that learned Sessions Judge con victed the appellant for the offence under section 307 IPC and sentenced him to un dergo rigorous imprisonment for a period of 5 years and also imposed fine with de fault stipulation and separately convicted him for the offence under section 3(2)(V) S.C./S.T. Act simplicitor and sentenced him to life imprisonment. Learned Counsel for the appellant also contended that there is no material on record to show that the injury sustained by the injured was fatal. He was advised for X-ray, but no X-ray report was produced in the Court to shows that injury caused to the injured was fatal. It is further argued that Sessions Judge was not justified in convicting the appellant for the offence under SC/ST Act and awarding separate punishment for life imprisonment. It is also stated that the appellant was on bail during trial and has not misused the bail. Learned AGA opposed the bail.
(3.) WE have considered all the facts and circumstances of the case as well as submissions made by the learned Counsel for the parties. Without expressing any opinion on merit of the case, we are of the opinion that it is a fit case for bail. Let the appellant Ramesh be re leased on bail in the above case during pendency of appeal on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of Trial Court concerned and subject to deposit of 50% of fine within one month from today, but prior to the release on bail.;