Court No. - 43 Case :- CRIMINAL APPEAL No. - 330 of 2010 Petitioner :- Prem Singh & Others Respondent :- State Of U.P. Petitioner Counsel :- Ashwini Kumar Srivastava,Manoj Kumar Srivastava 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 the S.T. No.1187 of 2008 arising out of
Case Crime No.272 of 2008, under Sections 147, 323/149, 427 IPC and
Section 3(1)X SC/ST Act, P.S. Lisari Gate, District Meerut and the maximum
sentence awarded to them is one year 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, namely, Prem
Singh, Sonu, Papp, Raju and Jeetu be enlarged on bail on their furnishing a
personal bond of Rs. 1 lac with two sureties in the like amount to the
satisfaction of trial Judge concerned in the above sessions trial number for the
above offences. As soon as bail bonds and surety bonds are furnished,
photocopy 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 on them. Rest of the amount of fine shall remain stayed during
the pendency of this appeal in this court.
Order Date :- 3.2.2010
RK