Ram Suresh vs State Of U.P. on 23 June, 2010

                                                                  Court No. 20

                   Criminal Appeal No. 1743 of 2010

                 Ram Suresh                 ......... Appellant

                                   Versus

            The State of U.P.                ........ Opposite Party

Hon'ble Raj Mani Chauhan, J.

Heard learned counsel for the appellant on the point of admission and

perused the impugned judgment and order.

This criminal appeal has been filed by the accused-appellant against

the judgment and order dated 26.5.2010, passed by the learned Additional

Sessions Judge/FTC, Court No. 2, Faizabad in Sessions Trial No. 134 of

1999 (crime no. 139 of 1999); State Versus Ram Suresh under Sections 323,

325, 504 IPC & 3 (1) (10) S.C./S.T. Act, Police Station Tanda, District

Faizabad, whereby the learned Sessions Judge has held the accused-appellant

guilty under Section 323/325 IPC and has convicted and sentenced him to

undergo different terms of simple imprisonment including fine. The

maximum sentence is of 2 years under Section 325 IPC and to pay a fine of

Rs. 1000/- with default stipulation.

Admit.

Heard learned counsel for the appellant, learned A.G.A on the prayer

for bail and perused the judgment and order of the trial court.

Learned counsel for the accused appellant submitted that the

maximum sentence awarded by the trial court to the accused-appellant is of

two years and he was on bail during trial and he did not mis-use the liberty

of bail granted to him during the trial. He is on interim bail granted by the

Trial Court. He, therefore, deserves to be released on bail during pendency of

appeal.

Learned A.G.A. opposed the prayer for bail.

Considered the submissions of the learned counsel for the appellant

and learned A.G.A. Keeping in view the totality of the facts and
circumstance of the case as well as the fact that the accused was on bail

during the trial and they did not misuse the liberty of bail granted to them

and they are on interim bail granted by the Trial Court, therefore, without

prejudice to the merits of the appeal, the accused-appellant Ram Suresh may

be released on bail during the pendency of the appeal.

Let the appellants Ram Suresh be released on bail in aforesaid

Sessions Trial number during pendency of the appeal on his furnishing a

personal bond with two sureties each in the like amount to the satisfaction of

the C.J.M. Concerned.

However, the fine is not stayed and the same be deposited by the

appellant, if not already deposited, within 30 days from today, failing which

this order of bail shall stand cancelled.

23.6.2010
Santosh/-