Court No. - 43 Case :- CRIMINAL APPEAL No. - 384 of 2010 Petitioner :- Alauddin & Others Respondent :- State Of U.P. Petitioner Counsel :- Vivek Kumar Singh,Kailash Chaudhary 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. 914 of 2006 for the offences
under sections 325/34, 323/34 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 the recorded conviction under section 325/34 is bad in
law and in any view offence will not travel beong the scope of section 323
IPC as who has caused injury is not known.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellants Alauddin,
Shamsuddin, Nizamuddin, Mohammad Hasan 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 them. Rest half of the amount of fine shall remain stayed during
the pendent elite of this appeal in this court.
Order Date :- 29.1.2010
Gss
