Court No. - 43 Case :- CRIMINAL APPEAL No. - 390 of 2010 Petitioner :- Suresh Chandra Respondent :- State Of U.P. Petitioner Counsel :- J.N. Singh,Arimardan Singh Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellant and learned AGA.
Summon the trial court record.
The appellant has been convicted in S.T. No. 125 of 1998 for the offences
under sections 307 and 506 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 contended that the injuries are simple in nature and the recorded
conviction under section 307 IPC is bad in law.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellant Suresh Chandra
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
Appellant Suresh Chandra 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 :- 29.1.2010