Court No. - 43 Case :- CRIMINAL APPEAL No. - 8142 of 2009 Petitioner :- Sugreev Yadav And Others Respondent :- State Of U.P. Petitioner Counsel :- B.R. Sharma Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. No. 188 of 2001 for the offences
under sections 323/34, 452, 504, 506, 308/34 IPC and the maximum sentence
awarded to him is 5 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 were on bail during trial and the
prosecution witnesses are not reliable.
Learned AGA could dispute the said fact.
Without expressing any opinion on the merit, let the appellants Sugreev
Yadav, Rajendra Yadav, Surendra Yadav 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 :- 5.1.2010
Gss