Court No. - 43 Case :- CRIMINAL APPEAL No. - 7220 of 2009 Petitioner :- Som Pal Respondent :- State Of U.P. Petitioner Counsel :- Vijaya Shankar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Objection filed by learned AGA be taken on record.
Heard learned counsel for the appellant and learned AGA.
The appellants has been convicted in S. T. No. 492 of 1996 for the offence
under sections 307 I.P.C. and the maximum sentence awarded to him ten
years R.I. The rest of the sentence are lesser sentence 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 learned counsel for the appellant that the
appellant was on bail during the trial and he has not misused the liberty of
bail.
It is contended that the medical report does not support the ocular testimony
of PW-1,Indal. PW-1, Indal does not sustained injury of sharp edged
weapons. It is further contended that the appellant had been alleged to have
been armed with sword and the appeal is not likely to be heard in near future.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant Som Pal be
released on bail on his furnishing a personal bond of Rs. 1 lac with two
sureties each in the like amount to the satisfaction of trail 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.
Appellant is 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
Order Date :- 13.1.2010
sHaRaD