Court No. - 43 Case :- CRIMINAL APPEAL No. - 123 of 2010 Petitioner :- Jagdish Singh And Others Respondent :- State Of U.P. Petitioner Counsel :- A.K. Dixit 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. 632/06 passed by Additional District and
Sessions Judge, F.T.C. No. 4, Firozabad for offences under sections 323, 325/34 I.P.C. and the
maximum sentence awarded to them is 2 years and six months 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
they 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 the appellants Jagdish Singh, Lakhan Singh, Gauri
Shankar and Lal Singh 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 offences. 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 :- 12.1.2010
AKG/-