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. 102/08 passed by Additional Sessions Judge, Court No. 5, Banda for offences under sections 363, 366, 376 I.P.C. and the maximum sentence awarded to him is 7 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 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. He further contended that the medical report does not support the prosecution allegation and the victim had gone along with appellant on her own accord. He further contended that she did not make any complaint to anybody. Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellant Ram Khelawan Sonkar 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 offences. 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, Banda 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 to him. Rest half of the amount of fine shall remain stayed during the pendency of this appeal in this court.
Order Date :- 4.1.2010 AKG/-