Court No. - 43 Case :- CRIMINAL APPEAL No. - 425 of 2010 Petitioner :- Phool Chand & Others Respondent :- State Of U.P. Petitioner Counsel :- Harikesh Kumar Gupta 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. 51/2009 (State Vs. Phool Chand and others)
vide order dated 19.1.2010 passed by Special Judge, SC/ST Act, Pilibhit for offences under
sections 147, 148, 323/149, 506 I.P.C. and the maximum sentence awarded to them is six
months 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 Phool Chand, Ram Chandra, Ram
Chandra, Amar Singh, Ram Swaroop and Chheda Lal 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 :- 1.2.2010
RK