Alok K. Singh, J. - (1.) HEARD. Admit. Call for the lower court record. List the appeal for hearing on its turn when the record is received. HEARD learned counsel for the appellants and learned A.G.A. on the prayer for bail. The prayer for bail in respect of appellant no.1 shall be considered after the lower court record is received. The appellants have been convicted and sentenced in Sessions Trial No.316 of 1996 as under-- 1.Under Section 147 I.P.C.--One year's R.I. with a fine of Rs.500/- each.
(2.) UNDER Section 323/149 I.P.C.--Six months' R.I. with a fine of Rs.250/- each. Under Section 325/149 I.P.C.--Three years' R.I. with a fine of Rs.1000/- each. Under Section 304 part II I.P.C.--Seven years' R.I. with a fine of Rs.2000/- to appellant no.1, Imtiyaz only. It is submitted that in respect of appellants nos. 2 to 5 the severity of punishment is not much and the nature of accusation against them is also not very serious. All the appellants were on bail during trial which they did not misuse. Presently appellants nos. 2 to 5 are on interim bail. 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 appellants have 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 appellants nos. 2 to 5 (Ishtiyaq, Iliyas, Sohrab and Inshad) be enlarged on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Magistrate/court concerned. However, the fine is not stayed. Let the same be deposited within one month from the date of their release, if not already deposited. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.;