Kurian Joseph, J. - (1.)LEAVE granted.
(2.)AT the post conviction stage, whether the appellate court, while considering the release of the convict on bail, should give an opportunity to the public prosecutor for showing cause in writing against such release where the conviction is on an offence punishable with death or imprisonment for life or for a term not less than ten years, is the issue falling for consideration in these appeals.
All the private Respondents have been convicted by the Court of Additional Sessions Judge, Azamgarh Under Sections 147, 148, 149 read with Sections 302, 120B of the Indian Penal Code (45 of 1860) (hereinafter referred to as 'Indian Penal Code') and Section 7 of Criminal Law (Amendment) Act, 2013 and they have been awarded sentence of imprisonment for life with fine. Altogether seven accused have been convicted; however bail is granted only to four.

(3.)THE main contention of the Appellant is that the procedure contemplated Under Section 389 proviso has not been complied with while releasing them on bail and, hence, the order passed by the High Court is liable to be set aside. For the purpose of ready reference, we shall extract the impugned order dated 29.08.2012 passed by the High Court, which reads as follows:
Heard Sri Rajeev Mishra, Learned Counsel for the Appellant as also Sri A.N. Mulla, learned AGA for the State. We have also heard Sri Viresh Mishra, learned Senior Counsel assisted by Sri Rahul Mishra, Advocate appearing on behalf of the informant.

This appeal shall be heard.

Call for lower court record of Sessions Trials No. 435 of 2006, 436 of 2006 and 437 of 2006 from the court of Additional Sessions Judge, Court No. 2, Azamgarh, which must be made available in a maximum period of four weeks.

As regards the prayer for bail, the submission is that the present Appellant Shyam Narain Pandey along with the other convict Laxmi Narain Pandey were alleged in the FIR as also in the evidence that they were sitting in a vehicle and were remonstrating from there, the shots whereupon were fired by three others.

Regard being had to be submissions, let Appellant Shyam Narain Pandey be released on bail, during pendency of appeal, on furnishing a bond of Rs. 20,000/ - with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Court No. 2, Azamgarh in connection with the Sessions Trial No. 435 of 2006, 436 of 2006 and 437 of 2006.

As regard sentence of fine imposed upon the above noted Appellant, realization thereof shall remain stayed.

Order Date: 29.8.2012

Sd/ - Dharnidhar Jha, J.

Sd/ - Ashok Pal Singh, J.