Court No. - 43 Case :- CRIMINAL APPEAL No. - 3350 of 2008 Petitioner :- Meena Devi Respondent :- State Of U.P. Petitioner Counsel :- M.R. Khan Respondent Counsel :- Govt.Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellant and learned AGA.
The appellant has been convicted in S.T. No. 425 of 1997 for the offences
under sections 302/34, 328, 498-A IPC 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 appellant and suspension of sentence under section
389 Cr.P.C. it is submitted by the counsel for the appellant that the appellant
was on bail during the trial and she has not misused the liberty of bail. He
further contended that the appeal is not likely to be heard in near future and
the appellant being a lady is in jail since May, 2008 after her conviction. It is
also contended that there is no evidence of abatement against the appellant.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant Meena Devi 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 Meena Devi is allowed one month time to deposit half of the
amount of fine awarded to her. Rest half of the amount of fine shall remain
stayed during the pendent elite of this appeal in this court.
So far as the bail prayer of the appellant, in connected appeal No. (243) of
2008, Hareram Vishwakarma is concerned, at this stage, I am not inclined to
grant him.
Rejected.
Order Date :- 2.2.2010
Gss