Court No. - 43 Case :- CRIMINAL APPEAL No. - 8276 of 2009 Petitioner :- Ganga Darji Respondent :- State Of U.P. Petitioner Counsel :- Shyam Sunder Mishra Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned AGA.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No. 266/2000 (State Vs. Ganga Darji
and others) passed by Additional Sessions Judge, Court No. 3, Fatehpur for
offences under section 366 I.P.C. and the maximum sentence awarded to him
is 2 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 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 and
the appellant is on interim bail.
Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellant Ganga Darji be
enlarged 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 as personal and surety
bonds are furnished, photocopies of the same are directed to be transmitted to
this Court forthwith by trial Judge, Fatehpur to be kept on the record of this
appeal.
The 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
pendency of this appeal in this court.
Order Date :- 4.1.2010
AKG/-