Court No. - 43 Case :- CRIMINAL APPEAL No. - 311 of 2010 Petitioner :- Jwali Singh Respondent :- State Of U.P. Petitioner Counsel :- M.P.S. Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No. 826/2006 (State Vs. Jwali Singh) vide order dated
6.1.2010 passed by Additional Sessions Judge, Court No. 7, Aligarh for offences under section
363 I.P.C. and the maximum sentence awarded to him is three 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 Jwali Singh 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 concerned 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 :- 25.1.2010
AKG/-