Court No. - 54 Case :- CRIMINAL APPEAL No. - 7229 of 2009 Petitioner :- Shahid Respondent :- State Of U.P. Petitioner Counsel :- Janardan Prasad Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and learned AGA on the bail prayer of
the appellant.
Learned counsel for the appellant contended that recorded conviction u/s 395
IPC is wholly illegal as the appellant was neither named nor identification
was got done and he was also not recognized by any of the prosecution
witness in the court. Learned counsel further submitted that sentence of ten
years u/s 412 is too excessive
Learned AGA could not dispute the contention raised by the learned counsel
for the appellant.
Without expressing any opinion on the merit of the case, I think it appropriate
to release the appellant on bail during the pendency of this appeal.
Let the appellant Shahid be released on bail on his furnishing a personal bond
of Rs. one lac and two sureties each in the like amount to the satisfaction of
trial court concerned in S.T. No. 115/2000 State Versus Shahid u/s 395/412
IPC,P.S. Khurja Nagar, district Bulandshahr, during the pendency of this
appeal before this court.
Appellant is allowed one month time to deposit the half amount of fine
awarded on him by the trial court and rest half of the amount shall remain
stayed during the pendency of this appeal before this court.
As soon as bail bonds and surety bonds are furnished, photocopies of the
same are directed to be transmitted to this Court forthwith by concerned Court
to be kept on the record of this appeal.
Order Date :- 7.1.2010
SKS/7229/09