Court No. - 43 Case :- CRIMINAL APPEAL No. - 7924 of 2008 Petitioner :- Bachchu & Another Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Kumar Mishra,Devendra Kumar Tiwari,O.P. Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Objection filed by the learned AGA.
Heard the learned counsel for the appellant on the bail prayer of appellant
Bachchu and learned AGA.
The appellants have been convicted in S.T. No. 73 of 2005 for the offences
under section 307/34 IPC and the maximum sentence awarded to him is 7
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 appellants 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 the FIR was lodged after 19 days while there were so many
family members of the injured and in fact the FIR was the outcome of
concoction which was lodged after thought.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant Bachchu 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 :- 12.1.2010
Gss