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. 57 of 2008 for the offences under sections 323/ 149, 392/149/504/506 IPC and 3 (1) (10) SC/ST Act and the maximum sentence awarded to him is 1 year 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 interim bail.
Learned AGA could not dispute the said fact.
Without expressing any opinion on the merit, let the appellants Lola Dubey and Akhanddhar Dubey 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 half of the amount of fine awarded to them. Rest half of the amount of fine shall remain stayed during the pendent elite of this appeal in this court. Order Date :- 29.1.2010 Gss