AKHILESH KR. SANKHWAR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the learned A.G.A. for the State and perused the judgment and order dated 20.07.2011 passed by Additional Sessions Judge/ T.E.C.P. -III, Lucknow in S.T. No. 806 of 2009 (State Vs. Akhilesh Kumar Sankhwar)

(2.) LEARNED counsel for the appellant submitted that the maximum sentence passed against the appellant is of four years R.I. under section 489 -C I.P.C. The sentence passed against the appellant under section 419 I.P.C. is of one year R.I. Both the sentences have been directed to run concurrently, therefore, the appellant has already served out the entire sentence with regard to the offence under section 419 I.P.C. Moreso, both the offences are bailable. It was next submitted that the applicant is in jail from 23.05.2009 and has thus served out a substantial portion of the sentence, so far as the offence under section 489 -C I.P.C. is concerned. It was further contended that in case the appellant is not released on bail, the appeal would, in due course, become infructuous as there is no prospect of the appeal being heard in near future due to heavy dockets.

(3.) KEEPING in view the entire facts and circumstances of the case and submission of the learned counsel for the appellant and the learned A.G.A., the appellant Akhilesh Kumar Sankhwar, is released on bail in all the offences he has been convicted and sentenced in the aforesaid sessions trial, during the pendency of the appeal, on his furnishing a personal bonds and two sureties each in the like amount to the satisfaction of the court concerned and also subject to the following conditions: