Court No. - 43 Case :- CRIMINAL APPEAL No. - 6410 of 2009 Petitioner :- Arjun & Another Respondent :- State Of U.P. Petitioner Counsel :- Ajit Kumar Singh Solanki Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA.
The appellants have been convicted in S.T. No. 533 of 2003 for the offences
under sections 363, 366 and 376 IPC and the maximum sentence awarded to
him is 5 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 contended that in the statement recorded under section 164 Cr.P.C. no
allegation of rape was alleged by the victim and the appellants are in jail since
October 2009.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant Arjun 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 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 :- 18.1.2010
Gss