Heard 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. 133/2000 vide order dated 12.1.2010 passed by Additional District and Sessions Judge (F.T.C.-1), Ghazipur for offences under sections 427, 504, 506 I.P.C. and 3(1)10 SC/ST Act and the maximum sentence awarded to him is 1 year 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 was on bail during the trial and he has not misused the liberty of bail. He further contended that the appeal is not likely to be heard in near future and the appellant is on interim bail. Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellant Premlal Srivastava be enlarged on bail on his 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 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.
Meanwhile, the amount of fine awarded to the appellant and operation of sentence shall remain stayed.
Order Date :- 22.1.2010 AKG/-