Court No. - 43 Case :- CRIMINAL APPEAL No. - 2948 of 2010 Petitioner :- Jaikaran Prasad And Others Respondent :- State Of U.P. Petitioner Counsel :- Pradeep Kumar Vi Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Learned counsel for the appellants is permitted to correct the memo of appeal in respect of
appellant no. 2, who is still survive and it is wrongly mentioned that he is died.
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. 18/1998 (crime no. 73/1991) for offences under
sections 148, 323/149, 324/149, 506 I.P.C., P.S. Ghughali, District Maharajganj and the
maximum sentence awarded to them is 2 years 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 however endeavoured to support the judgment and refuted the arguments.
Looking to the above argument and period of detention and the fact that the appeal is not likely
to be heard in near future, I consider it appropriate to release the appellants on bail.
Let the appellants Jaikaran Prasad, Mangru and Paras be enlarged on bail on their furnishing a
personal bond of Rs. 2 lacs 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 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 entire amount of fine awarded to them.
Order Date :- 10.5.2010
AKG/-