Court No. - 43 Case :- CRIMINAL APPEAL No. - 3809 of 2009 Petitioner :- Surender Rai @ Surai Respondent :- State Of U.P. Petitioner Counsel :- Ravindra Nath Rai,Ashok Kumar Rai 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.
Admit.
The appellant has been convicted in S.T. No. 203 of 2007 for the offences
under sections 376, 450 and 506 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 the medical report does not support the charge of rape;
FIR is a dices piece of evidence and has not been established; the appellant
has been wrongly implicated because of earlier enmity of grazing of field by
the goats and the appellant is in jail since June, 2009.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant 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 :- 1.2.2010
Gss