Allahabad High Court High Court

Pratap Singh vs State Of U.P. on 5 January, 2010

Allahabad High Court
Pratap Singh vs State Of U.P. on 5 January, 2010
Court No. - 43

Case :- CRIMINAL APPEAL No. - 8311 of 2009

Petitioner :- Pratap Singh
Respondent :- State Of U.P.
Petitioner Counsel :- Vishwa Pratap Singh
Respondent Counsel :- Govt. Advocate

Hon'ble Vinod Prasad,J.

Connect this appeal with Cr. Appeal No. 8310 of 09.

Heard the learned counsel for the appellant and learned AGA.
Admit.

Summon the trial court record.

The appellant has been convicted in S.T. No.982 of 2006 for the offences
under sections 308, 323/34 IPC and the maximum sentence awarded to him is
3 months imprisonment. 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 dispute the said fact.

Without expressing any opinion on the merit, let the appellant Pratap Singh be
released 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 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 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
pendent elite of this appeal in this court.

Order Date :- 5.1.2010

Gss