Court No. - 43 Case :- CRIMINAL APPEAL No. - 316 of 2010 Petitioner :- Govind Prasad Dubey & Others Respondent :- State Of U.P. Petitioner Counsel :- S.K. Dubey Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA.
Summon the trial court record.
The appellants have been convicted in S.T. No. 466 of 2004 for the offences
under sections 323, 504 and 308 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 308 IPC is bad in
law because the incident occurred all of sudden the spur of the moment for the
reason of watering of field and the appellants had no knowledge of causing
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellants Govind Prasad
Dubeh, Radhey Shyam Dubey, Ravindra Dubey and Sankatha Prasad Dubey
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
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