PUSHPENDRA PRAKASH ALIAS PURENDRA PRAKASH MISRA Vs. STATE OF U P
LAWS(ALL)-2009-5-455
HIGH COURT OF ALLAHABAD
Decided on May 15,2009

PUSHPENDRA PRAKASH ALIAS PURENDRA PRAKASH MISRA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

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 appellants have been convicted and sentenced in Sessions Trial No.300 of 2007 as under-- 1.Under Section 323/34 I.P.C.--One year's R.I. It is submitted that the severity of punishment is not much and the nature of accusation is also not very serious against all of them. Appellants nos. 1 and 2 were on bail during trial which they did not misuse. Presently the appellants nos. 1 and 2 are on interim bail while appellant no.3 is in jail in some other case. 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 (Pushpendra Prakash alias Purendra Prakash Mishra, Ram Sharan Misra and Bhaiya Lal) 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. No fine has been awarded in this case by the court below. Subject to the above the sentence of imprisonment shall remain suspended during the pendency of the appeal.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.