Court No. - 43 Case :- CRIMINAL APPEAL No. - 302 of 2010 Petitioner :- Midhai & Another Respondent :- State Of U.P. Petitioner Counsel :- Akhil Kumar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellants and the learned A.G.A.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. No. 396/1999 (State Vs. Lala Ram and others) vide
order dated 5.1.2010 in case crime no. 172/1995 passed by Additional Sessions Judge/Fast
Track Court No. 1, Kannauj for offences under sections 307, 504, 506 I.P.C. and the maximum
sentence awarded to them is three years RI. 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 and the appellants are on interim bail.
Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellants Midhai Lal and Pappu be enlarged
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 as 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.
The 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 pendency of this appeal in
this court.
Order Date :- 25.1.2010
AKG/-