Court No. - 43 Case :- CRIMINAL APPEAL No. - 1805 of 2009 Petitioner :- Suresh & Another Respondent :- State Of U.P. Petitioner Counsel :- Kuldip Singh Yadav,P C Srivastava,S.K. Yadav,S.R.Singh,Sheo Ram Singh,V.S.Kushwaha Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA.
Admit.
The appellants have been convicted in S.T. No. 384 of 2001 for the offences
under sections 304 IPC and the maximum sentence awarded to him is 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 appellants and suspension of sentence under section
389 Cr.P.C. it is submitted by the counsel for the appellants that the appellants
were on bail during the trial and they have not misused the liberty of bail. He
further contended that the appeal is not likely to be heard in near future. He
further contends that there was a cross version and without mentioning injury
of the appellants trial court convicted the appellants. It is further submitted
that the appellants are in jail since March, 2009.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellants Suresh and
Laturi Singh be released on bail on their 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.
Appellants are 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 :- 21.1.2010
Gss