Court No. - 43 Case :- CRIMINAL APPEAL No. - 328 of 2010 Petitioner :- Krishna Gopal @ Munnu & Another Respondent :- State Of U.P. Petitioner Counsel :- Braham Singh,Susheel Kumar Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA.
Summon the trial court record.
The appellants have been convicted in S.T. No. 1052 of 2005 for the offences
under sections 307/34 and 325/34 IPC and the maximum sentence awarded to
him is 7 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 contended that the trial judge has wrongly disbelieved the right of
private defence of property which was proved amply by the appellants by
production of various documentary evidence and parties have entered into the
compromise as well.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellants Krishna Gopal
@ Munnu 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 :- 29.1.2010