Court No. - 43 Case :- CRIMINAL APPEAL No. - 3848 of 2006 Petitioner :- Gopal & Others Respondent :- State Of U.P. Petitioner Counsel :- Anand Kumar Srivastava,A Kumar Srivastava,B.P. Singh,K.K. Srivastava,M.P. Pandey,Pradeep Chandra,Ravesh.Pratap.Singh,S.S. Rathore,Udai Chandra,Udai.Chandani,V.P.Mathur Respondent Counsel :- Govt. Advocate,P.N. Pandey,Rama.Nand Pandey Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA.
The appellants have been convicted in S.T. No. 68 of 2001 for the offences
under sections 396 and 412 IPC and the maximum sentence awarded to him is
10 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 since Gopal has not participated in the offence he is only
conspirator.
Learned AGA could not dispute the said fact.
Looking to the period of detention i.e. 1.7.06, I consider it appropriate to
release the appellant Gopal on bail.
Without expressing any opinion on the merit, let the appellant Gopal 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.
So far as the bail of appellant of appeal no.812 of 08 Radhey Shyam is
concerned his bail prayer stands rejected.
Appellant Gopal 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
during the pendent elite of this appeal in this court.
Order Date :- 11.1.2010
Gss