Court No. - 28 Case :- CRIMINAL APPEAL No. - 1947 of 2010 Petitioner :- Akhilesh Kumar Mishra Respondent :- State Of U.P. Petitioner Counsel :- Rishi Raj Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the appellant and the learned AGA and perused
the record.
The appellant Akhilesh Kumar Mishra has preferred this appeal against the
judgment and order dated 2.7.2010 passed by the learned Additional Sessions
Judge, Court No.1, Barabanki in S.T. No. 102 of 2006, whereby the learned
Additional Sessions Judge has convicted and sentenced appellant under
sections 379 and 411 IPC and the maximum sentence imposed on him is of
two year.
Admit.
Summon the lower court record.
The learned counsel for the appellant submitted that the appellant was entitled
to be released on interim bail. It was next submitted that the appellant was on
bail during the trial and never abused the same and there is no prospect of the
appeal being heard in near future due to heavy dockets.
Keeping in view the entire facts and circumstances of the case and
submissions of the learned counsel for the appellant and the learned AGA, the
appellant Akhilesh Kumar Mishra is bailed out during the pendency of the
appeal, in Sessions Trial No. 102 of 2006, under sections 379 and 411 IPC
P.S. Kotwali Nagar, district Barabanki on his furnishing a personal bond and
two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the
appeal, provided the appellant deposits half of the fine within one month.
On acceptance of bail bonds and personal bond, the lower court shall transmit
photo state copies thereof to this Court for being kept on the record of this
appeal.
Let the paper books be prepared.
Order Date :- 23.7.2010
MTA