Heard Sri Atul Kumar 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.78 of 1997 for offences under sections 354, 323, 504, 506(II) I.P.C. 3 (1) (11) SC/ST Act, P.S. Salempur, District Deoria and the maximum sentence awarded to him is 2 years RI with fine of Rs.6,000/-. 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 proviso to section 389 Cr.P.C. is not attracted in this case because the maximum sentence is less than ten years. He also submitted that the appellant was on bail during the trial and he has not misused the liberty of bail during the trial. It is further submitted that this appeal is not likely to be heard in near future. Learned counsel for the appellant next contended that the appellant is on interim bail.
Learned AGA however endeavoured to support the judgment and refuted the arguments.
Looking to the above argument and period of detention and the fact that the appeal is not likely to be heard in near future, I consider it appropriate to release the appellant on bail.
Let the appellant Digvijay @ Babloo Kurmi be enlarged on bail on his furnishing a personal bond of Rs. 2 lacs with two sureties each in the like amount to the satisfaction of trial Judge concerned in the above session trial for above offence. 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 concerned to be kept on the record of this appeal.
The appellant is allowed one month time to deposit Rs.5,000/- towards fine and rest of the amount of fine shall remain stayed during pendency of the appeal.
Order Date :- 18.2.2011 rkg