Full Judgment
Cr.A.No.2557 o”
22. 03.13 Shri Y.M.Tiwari, counsel for the appellant.
Shri R.P.Tiwari, GA for the respondent/State.
Heard on I.A.No.5796/13, a repeat application for suspension of jail sentence and grant of bail to appellant as his earlier application in this regard have been dismissed as withdrawn vide order dated 22.2.12 with liberty to revive the prayer after six months and it appears that this application is filed under such liberty.
This appellant has been convicted under section 307 of the IPC with direction to undergo for RI 7 years with fine of Rs.10000/- , in default of payment of fine further six months RI.
Having heard the counsel, keeping in view the arguments advanced, after perusing the record, taking into consideration the nature of the offence including the available medical evidence so also the period suffered by the appellant in jail along with the circumstance that after facing the jail sentence of some days, he remained on bail during trial, without expressing any opinion on merits of the matter, subject to verification of depositing the fine amount, the remaining jail sentence of the appellant is hereby suspended.
It is further directed that on furnishing a personal bond of Rs.20,000/- (Rs.twenty thousand) by appellant along with one surety in the like amount to the satisfaction of the trial Court, appellant shall be released on bail with a further direction to remain present in the Registry of this Court on 29.7.2013 and on such other dates as fixed by the office in this regard till disposal of this appeal.
C.C.as per rules.
(U.C.Maheshwari) Judge MKL