Court No. - 43 Case :- CRIMINAL APPEAL No. - 8156 of 2009 Petitioner :- Kallu And Another Respondent :- State Of U.P. Petitioner Counsel :- O.P. Katiyar Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. 207 of 2003 No. for the offences
under sections 308/34, 323/34 and 504/34 IPC and the maximum sentence
awarded to him is 3 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 and
the appellants are on interim bail.
Learned AGA could dispute the said fact.
Without expressing any opinion on the merit, let the appellants Kallu and
Sushil 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 appeal.
Appellants are allowed one month time to deposit Rs. 5000/- with the trial
judge. Rest half of the amount of fine shall remain stayed during the pendent
elite of this appeal in this court.
Order Date :- 5.1.2010
Gss