Court No. - 43 Case :- CRIMINAL APPEAL No. - 3315 of 2009 Petitioner :- Aas Mohammad & Others Respondent :- State Of U.P. Petitioner Counsel :- M. Islam,Ahmad Saeed,S.T.H. Jilani Respondent Counsel :- Govt. Advocate,J.M.Nasir Hon'ble Vinod Prasad,J.
Heard Sri Manoj Singh, Advocate learned counsel for the appellants and
learned AGA.
Admit.
The appellants have been convicted in S.T. No. 1487 of 2006 for the offences
under sections 323/34, 324/34, 326 /34 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 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 that there are cross versions and some people have sustained
injuries from the side of appellants for which there is no explanation and
appellants could have been given benefit of right of private defence.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellants Ass
Mohammad, Shahid, Zahid, Sazid be released on bail on their 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.
Order Date :- 22.1.2010
Gss