Court No. - 5 Case :- CRIMINAL APPEAL No. - 241 of 2010 Petitioner :- Sarvesh Kumar Pandey Respondent :- State Of U.P. Petitioner Counsel :- Ashok Bajpai Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
Heard the parties.
The appeal is admitted for hearing.
Summon the lower court record within three weeks and list the
appeal for hearing in due course.
Heard learned counsel for the appellant as well as learned A.G.A.
on the prayer for bail pending appeal and suspension of sentence
also. Perused the impugned judgment and order.
The accused-appellant Sarvesh Kumar Pandey has been convicted
in Session Trial No.175 of 2007 (Crime No.1087 of 2006) under
Section 324 I.P.C. and sentenced to undergo two years rigorous
imprisonment along with a fine of Rs.2000/- and in default of
payment of fine to further undergo rigorous imprisonment for a
period of six months. The appellant was on bail during trial and
presently he is on interim bail. That there is nothing on record to
show that he ever misused the liberty of bail.
Having regard to the facts and circumstances of the case in view of
the above and the term of imprisonment awarded, I am of the
opinion that the appellant can be released on bail. Let the above
appellant be released on bail during the pendency of appeal on
furnishing a personal bond with two sureties each in the like
amount to satisfaction of the court concerned provided he deposits
the fine imposed by the trial court.
Thereafter the sentence of imprisonment awarded to the appellant,
shall remain suspended during the pendency of appeal.
Order Date :- 4.2.2010
Tripathi