Court No. - 43 Case :- CRIMINAL APPEAL No. - 8197 of 2009 Petitioner :- Vikas Respondent :- State Of U.P. Petitioner Counsel :- P.K. Bhardwaj 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. 1382/2007 (crime no. 156/668 of 2007) passed by
Additional District and Sessions Judge/Fast Track Court No. 1, Bulandshahar for offences
under sections 363, 366, 376 I.P.C. and the maximum sentence awarded to him is 7 years 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 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 prosecution
allegation and the victim had gone along with appellant on her own accord to various districts
including Bulandshahar, Delhi and Agra. He further contended that she did not make any
complaint to anybody.
Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellant Vikas be enlarged 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 offences. 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, Bulandshahar 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 him.
Rest half of the amount of fine shall remain stayed during the pendency of this appeal in this
court.
Order Date :- 4.1.2010
AKG/-