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[Cites 5, Cited by 8]

Allahabad High Court

Pappu @ Ummed Singh And Others vs State Of U.P. on 5 January, 2010

Author: Vinod Prasad

Bench: Vinod Prasad

Court No. - 43

Case :- CRIMINAL APPEAL No. - 8136 of 2009

Petitioner :- Pappu @ Ummed Singh And Others
Respondent :- State Of U.P.
Petitioner Counsel :- Sushil Kumar Dubey
Respondent Counsel :- Govt. Advocate

Hon'ble Vinod Prasad,J.

Heard the learned counsel for the appellants and learned AGA. Admit.

Summon the trial court record.

The appellants have been convicted in S.T. No. 391 of for the offences under sections323/149 504, 506 IPC and 3 (1) X of SC/ST Act and the maximum sentence awarded to him is 4 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 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 appellant no. 5 Ragini is also on interim bail Learned AGA could dispute the said fact.

Without expressing any opinion on the merit, let the appellant Ragini be released on bail on her 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.

So far as the consideration of the bail prayer of the other appellants, this application is directed to come up on 8.2.2010 as part heard.

Order Date :- 5.1.2010 Gss