Court No. - 43 Case :- CRIMINAL APPEAL No. - 211 of 2010 Petitioner :- Mauzam & Others Respondent :- State Of U.P. Petitioner Counsel :- K.N. Raha Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Learned counsel for the appellants is not present even in the revised list.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. No. 628 of 2004 for the offences
under sections 323/34, 324/34, 506 and 316 IPC and the maximum sentence
awarded to him is 6 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 from the perusal of the record it cannot be said that
offence under section 316 Cr.P.C. is made out as there was no physical injury
to cause miscarriage.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellants Mauzam,
Aslam and Ahmad Mian 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 him. Rest half of the amount of fine shall remain stayed during the
pendent elite of this appeal in this court.
Order Date :- 19.1.2010
Gss