1. Leave granted.

2. Heard learned counsel appearing for the parties.

3. The appellant (Ram Singh) was convicted for the offences punishable under Sections 450, 461 and 397 read with Section 395 of the Indian Penal Code, 1860 (for short 'IPC'). The maximum substantive sentence is of 10 years of rigorous imprisonment for the offence under Section 397 read with Section 395 of the IPC.

4. An appeal was preferred by the appellant in which the learned Single Judge of the High Court has confirmed the conviction but reduced the sentence to 8 years.

5. Learned Single Judge was dealing with an appeal against conviction. We find that there is absolutely no consideration of the evidence of the prosecution witnesses. In fact, it was the duty of the High Court to re-appreciate the entire evidence in the appeal against conviction.

6. Total 24 prosecution-witnesses have been examined. However, without referring to any particular deposition, in 10 lines in Paragraph "7" of the impugned judgment, the High Court came to the conclusion that no interference was required. Thereafter, the High Court proceeded to reduce the substantive sentence of 10 years to 8 years.

7. The High Court has not done its duty while dealing with an appeal against conviction. Therefore, we have no option but to remand the appeal to High Court.

8. It is not in dispute that by this time, the appellant has undergone more than half of the substantive sentence of 10 years. Therefore, in the facts of the case, we are of the view that he deserves to be enlarged on bail pending the appeal before the High Court. The learned counsel appearing for the State submits that the appellant is a national of Nepal and, therefore, he is likely to abscond. If that be so, the Court can impose appropriate terms and conditions in that regard.

9. Accordingly, we pass the following order:

(i) The impugned judgment and order dated 29.08.2022 is hereby quashed and set aside; and the Criminal Appeal No. 784 of 2021 is restored to the file of the High Court, which shall be heard afresh in accordance with law;

(ii) During the pendency of the appeal, the appellant shall be enlarged on bail. For that purpose, the appellant shall be produced before the Trial Court within a period of 10 days from today; and

(iii) The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the disposal of the appeal. However, before fixing the conditions of the bail, The Trial court shall give an opportunity of being heard to the respondent.

10. The appeal is partly allowed on above terms.

11. Pending application(s), if any, shall stand disposed of.