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. 981 of 2006 No. for the offences under sections 364/511 and 363/511 IPC and the maximum sentence awarded to him is 3 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 and the appellants are on bail.
Learned AGA could dispute the said fact.
Without expressing any opinion on the merit, let the appellants Fakeer and Anand Swaroop be released on bail on their 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 Rs. 5000/- with the trial judge. Rest half of the amount of fine shall remain stayed during the pendent elite of this appeal in this court.
Order Date :- 5.1.2010 Gss