Kali Charan vs State of U.P.

Alok K. Singh, J.

Heard.

Admit.

Call for the lower court record.

List for hearing on its turn after the record is received.

Heard learned counsel for the appellant and learned A.G.A. on the prayer for bail.

The appellant has been convicted and sentenced in Sessions Trial No.359 of 2005 as under

1.Under Section 452 I.P.C.Two years'' R.I. with a fine of Rs.1000/.

2.Under Section 307 I.P.C.Seven years'' R.I. with a fine of Rs.2000/.

3.Under Section 363/511 I.P.C. Two years'' R.I. With a fine of Rs.1000/.

It is submitted that the severity of punishment is not much and the nature of accusation is also not very grave. It is also submitted that the main allegation is against coconvict Babu Ram who has been convicted in a separate criminal appeal. As the chargesheet against this appellant was filed subsequently his trial concluded afterwards. It is claimed that the case of the appellant is on a better footing than the aforesaid coappellant who was, according to prosecution was arrested on the spot. On the other hand though the appellant is said to be real cobrother of complainant''s son but his parentage could not be told as has come in the judgment in question. It is contended that in fact he was not present on the spot at all and has been implicated only because of enmity. Lastly it is said that during trial he was on bail which he never misused. It is also emphasized that the aforesaid convict Babu Ram has already been enlarged on bail vide this Court''s order dated 14.03.2000 passed in Criminal Appeal No.211 of 2000 (Annexure SA1) and the case of present appellant stands on a better footing because he was not arrested on the spot. It is also submitted that speedy justice is a fundamental right but the appeal may take a couple of years or even more in its final disposal. The appellant has every hope of success in the appeal.

The bail is, however, opposed by learned A.G.A.

In view of the aforesaid facts and circumstances and without entering into merits of the case, I find it to be a fit case for granting bail. Let the appellant (Kali Charan) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.

However, the fine is not stayed. Let the same be deposited within two months from the date of his release, if not already deposited. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.