Court No. - 43 Case :- CRIMINAL APPEAL No. - 6075 of 2009 Petitioner :- Virendra Kumar & Another Respondent :- State Of U.P. Petitioner Counsel :- V.K. Dixit Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA.
The appellants have been convicted in S.T. No. 714 of 2006 for the offences
under sections 307/34, 504, 506 IPC and the maximum sentence awarded to
him is 8 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 contended that no blood and empty cartridge was found at the spot. It
is not a case of single shot and there was enmity with other people who could
have caused injury to the injured. The appellant Virendra Kumar is the main
shooter and the shot has been fired on the chest of the injured.
At this stage, I am not inclined to grant bail to the appellant Virendra Kumar.
Rejected.
Order Date :- 18.1.2010
Gss