Written objection filed by the learned AGA today in Court, which is taken on record.
Heard learned counsel for the appellant and the learned A.G.A. The appellant has been convicted in the S.T. No. 04 of 2002 vide order dated 9.11.2009 passed by Additional Sessions Judge, Court No.1/ Special Judge Dacoit Affected Area, Mahoba for offences under sections 395,397,412 I.P.C. with 2B D.A.A. Act and the maximum sentence awarded to him is ten years RI. 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 appellant is in jail since 27.10.2001 and the maximum sentence is ten years. He further contended that the appellant is on interim bail. Therefore, most of the part, he has already been served. In such a view, I expedite the hearing of the bail.
Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellant- Prakash Mali @ Pandit be enlarged on bail on her furnishing a personal bond of Rs. 1 lac with two sureties in the like amount to the satisfaction of trial Judge concerned in S.T. No. 04 of 2002 vide order dated 9.11.2009 passed by Additional Sessions Judge, Court No.1/ Special Judge Dacoit Affected Area, Mahoba for offences under sections 395,397,412 I.P.C. with 2B D.A.A. Act, P.S. Kulpahar, District Mahoba. As soon as bail bonds and surety bonds are furnished, photocopy of the same are directed to be transmitted to this Court forthwith by C.J.M. concerned to be kept on the record of this appeal.
The appellant is allowed one month time to deposit half of the amount of fine awarded on him. Rest of the amount of fine shall remain stayed during the pendency of this appeal in this court. Appellant is directed to surrender before the court concerned on 5.3.2010. The appeal shall be listed before the appropriate Bench on 8.3.2010. On the next date of listing, counsel for the appellant is directed to file a surrender certificate of the appellant on an affidavit.
Order Date :- 29.1.2010 Salim