Heard learned counsel for the appellant on the point of admission and perused the impugned judgment and order.
This criminal appeal has been filed by the accused-appellant against the judgment and order dated 24.5.2010, passed by the learned Additional Sessions Judge/F.T.C., Court No. 2, Hardoi in Sessions Trial No. 38/2009 (crime no. 1036/2007); State Versus Tinkoo @ Sarvajeet under Sections 323, 354 & 506 (2) IPC, Police Station Shahabad, District Hardoi, whereby the learned Additional Sessions Judge has held the accused-appellant guilty under Sections 323, 354 & 506 (2) IPC and has convicted and sentenced him for different terms of rigorous imprisonment including the fine with default stipulation. The maximum sentence is of 3 years with default stipulation under Section 506 (2) IPC.
Admit.
Heard learned counsel for the appellant, learned A.G.A on the prayer for bail and perused the judgment and order of the trial court.
Learned counsel for the accused appellant submitted that the sentence awarded by the trial court to the accused-appellant is three year and he was on bail during trial and he did not mis-use the liberty of bail granted to him during the trial. He is on interim bail granted by the Trial Court. He, therefore, deserves to be released on bail during pendency of appeal.
Learned A.G.A. opposed the prayer for bail.
Considered the submissions of the learned counsel for the appellant and learned A.G.A. Keeping in view the totality of the facts and circumstance of the case as well as the fact that the accused was on bail during the trial and he did not misuse the liberty of bail granted to him and he is on interim bail granted by the Trial Court, therefore, without prejudice to the merits of the appeal, the accused-appellant Tinkoo @ Sarvjeet may be released on bail during the pendency of the appeal.
Let the appellant Tinkoo @ Sarvjeet be released on bail in aforesaid Sessions Trial number during pendency of the appeal on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the C.J.M. Concerned.
However, the fine is not stayed and the same be deposited by the appellants, if not already deposited, within 30 days, failing which this order of bail shall stand cancelled.
21.6.2010 Santosh/-