Court No. - 43 Case :- CRIMINAL APPEAL No. - 572 of 2010 Petitioner :- Deshai & Others Respondent :- State Of U.P. Petitioner Counsel :- L.B. Yadav Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellants and the learned A.G.A.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. No.248 of 2005 for offences under
sections 323, 308, 504, and 506 I.P.C. and the maximum sentence awarded to
them is 3 years RI. 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 the have not misused the liberty of bail. He
further contended that the appeal is not likely to be heard in near future and
the appellants are on interim bail.
Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let appellants, Dashai, Sonu, Rajesh
and Suresh be enlarged 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 as 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.
The 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 pendency of this appeal in this court.
Order Date :- 4.2.2010
PKC