Laxmi Narayan Chaudhari and Others vs State of U.P.

Vinod Prasad, J.—Heard Sri S.A. Imam, learned Counsel for the appellants and the learned A.G.A.

Admit.

Summon the trial court record.

The appellants have been convicted in S.T. No. 249/2008 passed by Additional Sessions Judge, Court No. 3, Basti for offences under Sections 323/34, 504, 506 I.P.C., P.S. Paikoliya, District Basti and the maximum sentence awarded to him is one 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 u/s 389 Code of Criminal Procedure it is submitted by the counsel for the appellants that the proviso to Section 389 Code of Criminal Procedure is not attracted in this case because the maximum sentence is less than ten years. He also submitted that the appellants were on bail during the trial and they have not misused the liberty of bail during the trial. It is further submitted that this appeal is not likely to be heard in near future.

Learned Counsel for the appellants next contended that the appellants are on interim bail.

Learned AGA however endeavoured to support the judgment and refuted the arguments.

Looking to the above argument and 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 appellants on bail.

Let the appellants Laxmi Narayan Chaudhari, Shiv Prasad, Raju and Shesh Ram be enlarged on bail on their furnishing a personal bond of Rs. 2 lacs 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 appellants are allowed one month time to deposit entire amount of fine awarded to them.