Heard learned counsel for the appellants and the learned A.G.A.
The appellants have been convicted in S.T. No. 1220/08 (State of U.P. Vs. Shahid and another) passed by Additional Sessions Judge/Special Judge (E.C. Act), Meerut for offences under sections 498-A, 323, 313 I.P.C. and 4 D.P. Act and the maximum sentence awarded to them is 10 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 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. He further contended that for offence under Section 304-B I.P.C., the appellants have been acquitted, however they have been convicted for three years RI for offence under Section 498A I.P.C. and 10 years RI under 313 Cr.P.C. for causing miscarriage of fetus of six months. He further submitted that the prosecution witnesses have turned hostile and in fact relying upon under Section 161 Cr.P.C. statement of the deceased treating it to be a dying declaration is not justified as the same was not recorded under expectation of death. Learned AGA could not dispute the said fact.
Without expressing any opinion on merit, let the appellants Shakeel @ Tiger, Sahid and Dilshad be enlarged 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.s 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, Meerut to be kept on the record of this appeal.
The appellants are allowed one month time to deposit Rs. 5,000/- of fine awarded to them. Rest of the amount of fine shall remain stayed during the pendency of this appeal in this court. Order Date :- 5.1.2010 AKG/-