Court No. - 43 Case :- CRIMINAL APPEAL No. - 361 of 2010 Petitioner :- Kishanpal & Others Respondent :- State Of U.P. Petitioner Counsel :- N.I. Jafri Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Compromise filed today has been taken on record and will be considered at
the time of final hearing.
Heard the learned counsel for the appellants and learned AGA.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. No. 123 of 2004 for the offences
under sections 308, 324, 323, 504 and 506 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 contends that there are cross versions and from the side of the
appellants accused some persons have sustained injuries for which no
plausible explanation has been afforded and the recorded conviction is bad in
law.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellants Kishanpal,
Tejpal, Satish and Sudhir 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 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 :- 28.1.2010
Gss