Court No. - 43 Case :- CRIMINAL APPEAL No. - 4053 of 2008 Petitioner :- Ashfaq Respondent :- State Of U.P. Petitioner Counsel :- Vinod Kumar Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Written objection filed by learned AGA is taken on record.
Heard the learned counsel for the appellant and learned AGA.
Admit.
The appellant has been convicted in S.T. No. 102 of 2006 for the offences
under sections 366, 376, 506 and 504 IPC and the maximum sentence
awarded to him is 19 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 contended that the medical report does not support the charge of rape;
the victim was found to be major and is in jail since May 2008
Learned AGA endeavored to support the judgment of conviction and
sentence.
Without expressing any opinion on the merit, let the appellant Ashfaq 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 pendent
elite of this appeal in this court.
Order Date :- 4.2.2010
Gss