Court No. - 43 Case :- CRIMINAL APPEAL No. - 6649 of 2009 Petitioner :- Sunil Kumar @ Yash Respondent :- State Of U.P. Petitioner Counsel :- R.B. Sahai,Amrish Sahai Respondent Counsel :- Govt. Advocate,K.K.Roy Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellant and learned AGA.
The appellant has been convicted in S.T. No. 93 of 2008 for the offences
under sections 363, 366 and 376 IPC and the maximum sentence awarded to
him is 7 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 contends the victim went with the appellant on her own violation and
her age has been determined to be 19 years and the medical report does not
support the charge of rape. It is further contended that the appellant is in jail
since October, 209.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant Sunil Kumar @
Yash 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 :- 13.1.2010
Gss