Court No. - 43 Case :- CRIMINAL APPEAL No. - 8136 of 2009 Petitioner :- Pappu @ Ummed Singh And Others Respondent :- State Of U.P. Petitioner Counsel :- Sushil Kumar Dubey Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. No. 391 of for the offences under
sections323/149 504, 506 IPC and 3 (1) X of SC/ST Act and the maximum
sentence awarded to him is 4 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 appellant no. 5 Ragini is also on interim bail
Learned AGA could dispute the said fact.
Without expressing any opinion on the merit, let the appellant Ragini be
released on bail on her 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.
Appellants are 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.
So far as the consideration of the bail prayer of the other appellants, this
application is directed to come up on 8.2.2010 as part heard.
Order Date :- 5.1.2010
Gss