Court No. - 43 Case :- CRIMINAL APPEAL No. - 6430 of 2009 Petitioner :- Thakur Das & Another Respondent :- State Of U.P. Petitioner Counsel :- Mangal Singh Rajpoot Respondent Counsel :- Govt. Advocate,Sushil Kumar Dubey. Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA.
The appellants have been convicted in S.T. No. 15 of 2007 for the offences
under sections 324, 504, 506, 352, 427, 325 and 308 IPC and the maximum
sentence awarded to him is four years R.I. The rest of the sentences are lesser
sentences and all the sentences have been ordered to run concurrently.
On the bail prayer of the appellants and suspension of sentence under section
389 Cr.P.C. it is submitted by the counsel for the appellants that the appellants
were on bail during the trial and they have not misused the liberty of bail. He
further contended that the appeal is not likely to be heard in near future. He
further contends that the appellants are in jail since October, 2009 after their
conviction. It is further contended that offence will not travel beyond the
scope under section 325 IPC and the recorded conviction under section 308
IPC is bad in law.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellants Thakurdas and
Ram Sanehi be released on bail on their 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 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.
Appellants are 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
pendent elite of this appeal in this court.
Order Date :- 21.1.2010
Gss