Alok K. Singh, J. - (1.) LIST the appeal for hearing on its turn. 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.626 of 1996 as under-- 1.Under Section 323 I.P.C. - One year's R.I. with a fine of Rs.1000/-.
(2.) UNDER Section 452 I.P.C.--Four years' R.I. with a fine of Rs.1000/-. Under Section 307/34 I.P.C.--Seven years' R.I. with a fine of Rs.2000/-. It is submitted that co-convict Kulli alias Krishna Kumar has been enlarged on bail in Criminal Appeal No.288 of 2009 on the ground that doctor has opined that the nature of injuries was simple. It comes out from record that the aforesaid appellant has caused injuries by fire arm and that nowhere either in the statement of the doctor or in the judgment it has come that the fire arm injuries has been found to be simple. It appears that the aforesaid statement was given by the learned counsel for convict under some wrong impression and probably due to inadvertence as conceded by Sri Onkar Nath Tiwari who was the counsel in that Criminal Appeal No.288 of 2009 in which bail has been granted in favour of co- convict Kulli alias Krishna Kumar. Sri Onkar Nath Tiwari, Advocate should be cautious in future. It is submitted that in the present case the nature of accusation is not serious and severity of punishment is also not much. Moreover it is said that he has been assigned with lathi only and lathi injuries have been found to be simple in nature. It is also submitted that the aforesaid co-appellant who was assigned with the fire arm has already been enlarged on bail. Moreover it is said that during trial the appellant was on bail which he never misused. In respect of present appellant it is said that as he was allegedly wielding lathi and danda only his case stands on a better footing. 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 (Ram Charan Yadav) 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 one month 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.;