RAJEEV ALIAS RAJU ALIAS ANURUDHA Vs. STATE OF U P
LAWS(ALL)-2009-5-588
HIGH COURT OF ALLAHABAD
Decided on May 11,2009

RAJEEV ALIAS RAJU ALIAS ANURUDHA 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.167 of 2007 as under-- 1.Under Section 307/34 I.P.C.--Seven years' R.I. with a fine of Rs.2000/- each. It is submitted that the severity of punishment is not much and the nature of accusation is also not very serious. It is further submitted that there are cross cases/versions and both the sessions trial have ended in conviction. It is also submitted that from the side of the appellants there is one injured. In the cross case the appellants have already been granted bail by this Court. It is also said that according to case the co-accused (non-appellant) Rajendra was having rifle and the injured has received single fire arm injury caused by rifle whereas the appellants have been assigned country made pistols. Nevertheless, all of them have been convicted with the aid of Section 34 I.P.C. During trial they were on bail which they did not misuse. 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 (Rajeev alias Raju alias Anuruddha, Kuldeep alias Reetu and Santosh alias Shibbu) 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.;


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