Alok K. Singh, J. - (1.) HEARD. Admit. Call for the lower court record. List for hearing on its turn after the record is received along with Criminal Appeal No.741 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.224 of 2004 as under-- 1.Under Section 304 part II/34 I.P.C. - Five years' R.I. with a fine of Rs.3000/- each.
(2.) UNDER Section 325/34 I.P.C.- Three years' R.I. with a fine of Rs.1000/- each. Under Section 323/34 I.P.C.--Six months' S.I. It is submitted that the severity of punishment is not much. It is further submitted that the nature of accusation is also not very serious. It is also submitted that co-appellants Munna, Kallooo and Shamim having similar allegations against them, have already been enlarged on bail vide order passed in Criminal Appeal No.741 of 2009. During trial he 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 (Chunna) 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 45 days 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.;