Court No. - 43 Case :- CRIMINAL APPEAL No. - 230 of 2010 Petitioner :- Shailendra Shukla & Others Respondent :- State Of U.P. Petitioner Counsel :- Santosh Shukla Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellants and the learned A.G.A.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. No. 90/2004 (State of U.P Vs. Shailendra Shukla
and others) vide order dated 6.1.2010 passed by Learned Sessions Judge, Auraiya for offences
under sections 323/34, 506 I.P.C. and the maximum sentence awarded to them is 1 year RI. 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 and the appellants are on interim bail.
Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellants Shailendra Shukla, Lall Awasthi,
Narayan Dixit and Sonu Chaurasia be enlarged 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 offences. As soon as 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.
The appellants are allowed one month time to deposit half of the amount of fine awarded to
them. Rest half of the amount of fine shall remain stayed during the pendency of this appeal in
this court.
Order Date :- 21.1.2010
AKG/-