Court No. - 43 Case :- CRIMINAL APPEAL No. - 268 of 2010 Petitioner :- Smt. Babita Respondent :- State Of U.P. Petitioner Counsel :- Ashfaq Ahmad Ansari Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellant has been convicted in S.T. No. 797A/1997 (State Vs. Smt. Babita) vide order
dated 8.1.2010 passed by Additional District and Sessions Judge/F.T.C.-2, Saharanpur for
offences under section 201 I.P.C. and the maximum sentence awarded to her is 1 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 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 she
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 merit, let the appellant Smt. Babita be enlarged on bail on
her 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 as
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.
The appellant is allowed one month time to deposit half of the amount of fine awarded to her.
Rest half of the amount of fine shall remain stayed during the pendency of this appeal in this
court.
Order Date :- 22.1.2010
AKG/-