Court No. - 43 Case :- CRIMINAL APPEAL No. - 7001 of 2008 Petitioner :- Ram Asrey Respondent :- State Of U.P. Petitioner Counsel :- Islam Ahamad,Raj Kumar Verma,Rajeev Gupta,Rakesh Dubey Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Objection filed by learned AGA is taken on record.
Heard the learned counsel for the appellant and learned AGA.
The appellant has been convicted in S.T. No. 256 of 2007 for the offences
under sections 376/506 (2) IPC and the maximum sentence awarded to him is
10 years 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. He
further contended that from the medical report prosecution allegation of
molestation of the victim is not established; the appellant is in jail since near
about 1 1/2 years and the victim seems to be a consenting party.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant Ram Asrey 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 :- 2.2.2010
Gss