Heard Mr. Sulabh Kumar Srivastava, learned counsel for the appellant and learned A.G.A.
Admit.
Summon the lower court record.
The appellant has been convicted and sentenced in Session Trial No. 39 of 2007 as under:-
Under sections 323 IPC- One year rigorous imprisonment. Under Section 324 IPC- Two years rigorous imprisonment.
Under section 506 IPC and Section 3(1) X of SC/ST Act- Four years rigorous imprisonment and fine of Rs. 10,000, in default of payment of fine further three months additional imprisonment.
The learned counsel for the appellant submits that severity of punishment is not much and nature of accusation is also not grave. During trial the appellant was on bail which he never misused. He also submits that speedy justice is the 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. He further submits that according to the medical examination report dated 20.1.2007 the injuries caused to the injured are simple in nature.
The bail, is however opposed by the learned A.G.A. Considering the aforesaid facts, prima facie, I am of the view that it is a fit case of bail.
Let applicant Ali Hasan alias Dhadhu be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/court concerned.
Subject to the above, the sentence of imprisonment shall remain suspended during the pendency of the appeal.
Order Date :- 15.6.2010 GSY