Court No. - 43 Case :- CRIMINAL APPEAL No. - 1570 of 2007 Petitioner :- Kaptan Singh & Others Respondent :- State Of U.P. Petitioner Counsel :- V.K. Agnihotry,D.M.Singh Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA on the bail
prayer of the appellants.
I have also perused the record.
The appellants have been convicted in S.T. No. 412 of 2003 for the offences
under sections 304-B, 498-A,IPC and 3/4 D.P. Act and the maximum
sentence awarded to him is 10 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.
Learned AGA could dispute the said fact.
At this stage, looking to the detention period of the appellant Smt. Siya Dulari
who is mother-in-law that is 3 years and looking to the fact that maximum
sentence is 10 years, I consider it appropriate to released the appellant No. 3
Smt. Siya Dulari on bail.
Without expressing any opinion on the merit, let the appellant no. 3 Smt. Siya
Dulari be released on bail on her 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.
Appellant no. 3 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 pendent elite of this appeal in this court.
Bail prayer of the appellant no. 1 and 2 is rejected at this stage.
Order Date :- 6.1.2010
Gss