Heard learned counsel for the appellant and the learned A.G.A.
Admit.
Summon the trial court record.
The appellant has been convicted in the S.T. No. 469/09, for offences under sections 60 Excise Act and the maximum sentence awarded to him is six months RI.
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 however endeavoured to support the judgment and refuted the arguments.
Looking to the period of detention and the fact that the appeal is not likely to be heard in near future, I consider it appropriate to release the appellant on bail.
Let the appellant Subhash Mistri 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.
The appellant is allowed one month time to deposit the entire amount of fine awarded on him by the trial court. Date :- 29.6.2010 SKS/4045/10