Court No. - 5 Case :- CRIMINAL APPEAL No. - 240 of 2010 Petitioner :- Balram Misra Respondent :- State Of U.P. Petitioner Counsel :- K.N. Misra Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
Heard the parties.
The appeal is admitted for hearing.
Summon the lower court record within three weeks and list the appeal
for hearing in due course.
Heard learned counsel for the appellant as well as learned A.G.A. on the
prayer for bail pending appeal and suspension of sentence also. Perused
the impugned judgment and order.
The accused-appellant Balram Mishra in S.T.No.82 of 2002 (Crime
No.383 of 2001) has been convicted under Section 323/34 I.P.C. and
sentenced to one year simple imprisonment along with a fine of Rs.1000/-
and in default of payment of fine to further undergo simple imprisonment
for a period of two months. The appellant was on bail during trial and
presently he is on interim bail. That there is nothing on record to show
that he ever misused the liberty of bail.
Having regard to the facts and circumstances of the case in view of the
above and the term of imprisonment awarded, I am of the opinion that
the appellant can be released on bail. Let the above appellant be released
on bail during the pendency of appeal on furnishing a personal bond with
two sureties each in the like amount to satisfaction of the court
concerned provided he deposits the fine imposed by the trial court.
Thereafter the sentence of imprisonment awarded to the appellant, shall
remain suspended during the pendency of appeal.
Order Date :- 4.2.2010
Tripathi