Court No. - 43 Case :- CRIMINAL APPEAL No. - 61 of 2010 Petitioner :- Suresh Respondent :- State Of U.P. Petitioner Counsel :- Radhey Shyam Shukla Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Objection filed by learned AGA has been taken on record.
Heard the learned counsel for the appellant and learned AGA.
The appellant has been convicted in S.T. No. 344 of 2006 for the offences
under section 307 IPC and the maximum sentence awarded to him is 10 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 appellant and suspension of sentence under section
389 Cr.P.C. it is submitted by the counsel for the appellant that the appellant
was on bail during the trial and he has not misused the liberty of bail. He
further contended that the appeal is not likely to be heard in near future. He
further contends that there is no injury report and in absence of that recorded
conviction under section 307 IPC is bad in law; the appellant is in jail since
11.12.09.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant Suresh 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 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.
Appellant Suresh 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 :- 1.2.2010
Gss