Court No. - 43 Case :- CRIMINAL APPEAL No. - 472 of 2010 Petitioner :- Rakesh Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
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. 723 of 2000 for the offences
under sections 323 IPC 3 (1) (10) SC/ST Act and the maximum sentence
awarded to him is 6 months R.I. 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 the merit, let the appellant Rakesh 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 pendent
elite of this appeal in this court.
Order Date :- 2.2.2010
Gss