Shiv Rakhan 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 along with Criminal Appeal No.927 of 2009.

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.243 of 2006 as under

1.Under Section 148 I.P.C. One year''s imprisonment.

2.Under Section 323/149 I.P.C.Six months'' imprisonment.

3.Under Section 324/149 I.P.C.One year''s imprisonment.

4.Under Section 325/149 I.P.C.Three years'' S.I. with a fine of Rs.2000/ each.

5.Under Section 307/149 I.P.C.Seven years'' imprisonment with a fine of Rs.5000/ each.

6.Under Section 504 I.P.C.A fine of Rs.500/ each.

7.Under Section 506 I.P.C.A fine of Rs.1000/ each.

It is submitted that the punishment is not very severe and the nature of accusation is also not very grave. It is also submitted that as has come in the judgment in question itself one person from the side of the appellant received five injuries including an injury of incised wound on the top of the head but the learned lower court has observed that the nature of injuries were not serious and therefore though the prosecution could not explain those injuries it does not create any doubt regarding genesis of the incident. It is submitted that the learned lower court has not given proper justification for ignoring these injuries. It is also submitted in Criminal Appeal No.927 of 2009 filed by the coconvicts Ram Rakhan, Dev Nath and Ram Achal bail has been granted in their favour. During trial the appellant was on bail which he never misused. 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 (Shiv Rakhan) 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.