Court No. - 43 Case :- CRIMINAL APPEAL No. - 523 of 2010 Petitioner :- Shiv Mohan Respondent :- State Of U.P. Petitioner Counsel :- Mukhtar Alam,Vikrant Gupta Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellant and learned AGA.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No. 190 of 1996 for the offences
under sections 323/34, 325/34, 504/34, 506 (II)/34 IPC and the maximum
sentence awarded to him is 4 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 appellant and suspension of sentence under section
389 Cr.P.C. it is submitted by the counsel for the appellant that the appellant
was on bail during the trial and he has 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 taking prosecution case as it is without any addition or
subtraction recorded conviction of the appellant under section 325 is bad in
law as it cannot be said who caused grievious injury.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant Shiv Mohan be
released 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 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.
Appellant is 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 pendent
elite of this appeal in this court.
Order Date :- 3.2.2010
Gss