Heard Mr. S.G.Singh, learned counsel for the appellants and learned A.G.A.
Admit.
Summon the lower court record.
The appellants have been convicted and sentenced in Session Trial No. 281 of 2008 as under:-
Under sections 147 IPC- Six months rigorous imprisonment. Under Sections 323 read with section 149 IPC- Six months rigorous imprisonment.
Under section 506 (2) IPC- Six month rigorous imprisonment. The learned counsel for the appellants submits that severity of punishment is not much and nature of accusation is also not grave. During trial the appellants were on bail which they never misused. Presently, they are on interim bail. 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 appellants have every hope of success in the appeal. There is observation of the court below that injuries caused to the victims 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 applicants Sri Chand Gupta, Gyan Prakash Gupta, Komal Dutt, Surendra Singh and Kishan Dutt be released on bail on their furnishing person 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 :- 14.6.2010 GSY