Objection filed by learned AGA has been taken on record.
Heard Sri G.S. Hajela and Sri A.N. Mishra, the learned counsel for the appellants and learned AGA at a very great length.
The appellants have been convicted in S.T. No. 42 of 2006 for the offences under sections 498-A and 304-B IPC and the maximum sentence awarded to him is 10 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. Learned AGA could dispute the said fact.
At this stage, there is no reason to grant bail to the appellant no.1 Bhaiya Lal and appellant no. 3 Kamlesh. Their bail prayers are rejected.
However, appellant no.2 Smt. Phoola is a lady and is in jail since 4.5.09, I consider it appropriate to release her on bail.
Without expressing any opinion on the merit, let the appellant no. 2 Smt. Phoola 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.
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 pendent elite of this appeal in this court.
Order Date :- 7.1.2010 Gss