Court No. - 29 Case :- CRIMINAL APPEAL No. - 1992 of 2010 Petitioner :- Lal Ji Pandey Respondent :- State Of U.P. Petitioner Counsel :- Shweta Gupta Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Admit.
Summon the lower court record and list for hearing after receipt of the record.
Heard learned counsel for the appellant and learned A.G.A. on the prayer for
bail and for suspending the execution of the sentence under appeal and also
perused the record.
Learned counsel for the appellant submits that the appellant has been
convicted under Sections 363/149 IPC for a period of four years’ R.I.,
Rs.2,000/- fine, each. The appellant is also convicted under Section
366/149/368 IPC and sentenced for five years’ R.I. and a fine of Rs.2,000/-,
each. It is also submitted that according to the medical report the age of the
prosecutrix was about 18 years. It is further submitted that the prosecutrix
filed a habeas corpus petition before this Court supporting the story of
marriage and stated her age about as 20 years. It is contended that the trial
court erred in appreciating and evaluating the evidence on record. It is also
contended that co-accused Smt. Usha and Smt. Rashim have already been
granted bail by this Hon’ble Court. Learned counsel submits that there is no
likelihood for this appeal to come up for final hearing in near future and the
appellant was on bail during trial and did not misuse the liberty granted to
him.
In view of the above, the execution of the sentence including sentence of fine
under appeal shall remain suspended till the final disposal of the appeal.
Let appellant Lal Ji Pandey be released on bail on his furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the
Magistrate/court concerned.
On acceptance of bail bonds and personal bond, the lower court shall transmit
photostat copies thereof to this Court for being kept on the record of this
appeal.
Order Date :- 6.8.2010
A