Court No. - 43 Case :- CRIMINAL APPEAL No. - 559 of 2010 Petitioner :- Poosu Respondent :- State Of U.P. Petitioner Counsel :- Devendra Singh,V.S. Choudhary Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No.760 of 2008 for offences under
sections 376 r/w 511 and 506 and 354 I.P.C. and the maximum sentence
awarded to him is 2 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 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 he 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 is on interim bail.
Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellant Poosu be enlarged
on bail on his 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 appellant is 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
pendency of this appeal in this court.
Order Date :- 4.2.2010
PKC