Heard learned counsel for the appellant and learned A.G.A. The appellant has been convicted and sentenced in Session Trial No. 252 of 2003 as under:-
Under sections 363 IPC- Five years rigorous imprisonment and fine of Rs.2000/-.
Under Section 366 IPC- Seven years rigorous imprisonment and fine of Rs. 2000/-.
Under section 376 IPC- Seven years rigorous imprisonment and fine of Rs. 5000/-
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.
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 Cheddu alias Binda Bux Singh 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