Court No. - 43 Case :- CRIMINAL APPEAL No. - 1188 of 2008 Petitioner :- Kallan Respondent :- State Of U.P. Petitioner Counsel :- H.N. Singh,B. Narayan Singh Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellant and learned AGA.
Admit.
The appellant has been convicted in S.T. No. 222 of 2005 for the offences
under sections 323, 34, 304 (2) IPC and the maximum sentence awarded to
him is 7 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 contends that offence will not travel beyond scope under section 325
and 304 -A IPC and recorded conviction under section 304 (2) IPC is not
sustainable.
Learned AGA could dispute the said fact.
Without expressing any opinion on the merit, let the appellant Kallan 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.
Order Date :- 11.1.2010
Gss