Heard learned counsel for the appellant, learned A.G.A. on the point of admission of criminal appeal and perused the judgment and order dated 11.12.2009.
This criminal appeal has been filed by the accused appellant against the judgment and order dated 11.12.2009 passed by the learned Additional Sessions Judge, F.T.C.-II, Lucknow in Sessions Trial No. 1156 of 2008 (Case Crime No. 300 of 2008); State Vs Saleem and others, under Section 379, 411, 413 I.P.C., Police Station Naka, District Lucknow, whereby learned Additional Sessions Judge has held the accused appellant guilty under Sections 379, 411, 413 I.P.C., consequently, he has convicted and sentenced him to undergo rigorous imprisonment for different terms of sentence along with fine with default stipulation. The maximum sentence awarded by the learned trial court is of six years under Section 413 I.P.C.
Admit.
Heard learned counsel for the appellant, learned A.G.A on the prayer for bail of the accused appellant.
The submission of learned counsel for the appellant is that co- accused Saleem having similar role as of the present accused, has already been ordered to be released on bail vide order dated 11.01.2010 passed by this Court in Criminal Appeal No. 49 of 2010. Therefore, the present accused appellant also deserves to be released on bail on same ground.
Learned A.G.A. although opposed the prayer for bail but fairly accepts that the role of the accused appellant is identical to the role of co- accused, who has already been ordered to be released on bail.
Considered the submissions of learned counsel for the appellant and learned A.G.A. Keeping in view the fact that co-accused Saleem having identical role as of present accused has already been released on bail passed by this Court, without expressing any opinion on the merits of the appeal, appellant may be released on bail.
Let accused-appellant Pappu alias Nakta be released on bail in aforesaid Sessions Trial number during pendency of the appeal on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
However, the fine is not stayed and the same be deposited by the appellant, if not already deposited, within one month from the date of his release, failing which this order of bail shall stand cancelled.
18.01.2010 Renu/-