Court No. - 40 Case :- CRIMINAL APPEAL No. - 4043 of 2010 Petitioner :- Chandrika Prasad Respondent :- State Of U.P. Petitioner Counsel :- S.K. Dubey Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No.372/04, for offences under
sections 452, 307 I.P.C. and the maximum sentence awarded to him is seven
years 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 appellant was not
named in the FIR, conviction recorded by the trial court is bad in law. It is
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 Chandrika Prasad 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 entire amount of fine
awarded to him.
Order Date :- 29.6.2010
SKS/4043/10