Allahabad High Court
Net Ram vs State Of U.P. on 1 February, 2010
Author: Vinod Prasad
Bench: Vinod Prasad
Court No. - 43 Case :- CRIMINAL APPEAL No. - 454 of 2010 Petitioner :- Net Ram Respondent :- State Of U.P. Petitioner Counsel :- Rajul Bhargava 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 the S.T. No.176 of 2008, State vs. Pappu and others, under Section 307/34 IPC, P.S. Govrdhan, District Mathura and the maximum sentence awarded to him is seven 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 prosecution witnesses are not reliable, as they have shifted the stand from their written F.I.R. He further contended that under Section 324 IPC the matter was compromised and but the trial Judge wrongly sentenced the appellant even after the compromise. Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellant Net Ram be enlarged on bail on her furnishing a personal bond of Rs. 1 lac with two sureties in the like amount to the satisfaction of trial Judge concerned in the above sessions trial number for the above offences. As soon as bail bonds and surety bonds are furnished, photocopy 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.
The appellant is allowed one month time to deposit half of the amount of fine awarded on him. Rest of the amount of fine shall remain stayed during the pendency of this appeal in this court.
Order Date :- 1.2.2010/RK